Rental Agreement

This Equipment Rental Agreement (“Agreement”) is entered into between Tony Schwartz Productions, LLC, a Washington limited liability company doing business as PLAY Event Rentals (“Company”), and the customer placing the rental order (“Client”). This Agreement becomes effective when Client clicks “Place This Rental Order.”

1. RENTAL ORDERS, TERM, AND CHANGES

1.1 Order Confirmation. When you place your order online by clicking “Place This Rental Order,” you electronically sign this Agreement, the Rental Policies, and the Card Authorization Agreement, and you pay the non-refundable Retainer using a card processed through our secure payment processor. Your card is securely stored on file with the processor for the balance and any additional charges authorized in the Card Authorization Agreement; PLAY does not receive or store your full card number. Your order is confirmed and your equipment is reserved upon our receipt of your signed agreements and successful payment of the Retainer. If we already have current signed agreements on file, you may not need to resubmit them.

1.2 Photo Identification. We may also require a copy of your valid government-issued photo ID before confirmation. If requested, you agree to provide it within six (6) days, or your order may be canceled and this Agreement terminated.

1.3 Point of Contact. Each party may designate one person as the main point of contact for this rental. All communications must go through that person, unless we agree otherwise. Each designated point of contact must have authority to make binding decisions on behalf of their party. Any instructions, approvals, or changes communicated by the designated point of contact are binding and may result in additional charges.

1.4 Postponement and Rescheduling. Notify us as soon as possible if you need to change dates or delivery/pickup times. We do not guarantee equipment availability for rescheduled dates. All payments are non-refundable and non-transferable once paid. Cancellations or changes due to weather are treated the same as other postponements or cancellations; we do not provide refunds for weather-related cancellations. We strongly encourage you to obtain event insurance covering weather-related risks.

1.5 Client Cancellation. Client may cancel at any time by providing written notice. Because Company reserves equipment, labor, inventory, and scheduling capacity specifically for Client’s event, all payments made are non-refundable and non-transferable except as expressly provided in this Agreement.

1.6 Cancellation by Company. If Company is unable to perform due to illness, injury, death, emergency, government restrictions, acts of God, or other circumstances beyond Company’s reasonable control, Company will promptly notify Client and use commercially reasonable efforts to provide a suitable replacement or alternative solution. If no replacement or alternative solution is available or acceptable, Company shall refund amounts paid by Client less the value of services already performed and any non-recoverable costs reasonably incurred by Company before cancellation. Such refund shall constitute Client’s sole and exclusive remedy.

1.7 Quantity Increases and Additions. You may increase quantities or add items at least seven (7) days before delivery, subject to availability and required increments. Decreases are not allowed; no refunds for reductions.

2. RENTAL EQUIPMENT AND SERVICES

2.1 Rental Term. Your rental begins at the delivery date and time listed on the Rental Order Sheet and ends at the listed takeaway date and time. Time is of the essence. Possession ends automatically at the end of the term unless extended in writing.

2.2 Power, Access, and Permits. You are responsible for providing adequate power, circuits, and internet (if required), as well as legal access (parking, loading zones, elevator access) and any required permits. You are responsible for all venue fines, citations, penalties, or fees arising from your event or venue rules. We may refuse or stop work if power or access is unsafe or insufficient; time spent is billable at our then-current labor rates.

2.3 Substitution. If a listed item becomes unavailable, we may provide substantially equivalent equipment of equal or greater performance at no additional rental charge.

2.4 Insurance and Licenses. On request, we will provide proof of our business license and liability insurance (up to $1,000,000). You are responsible for your own event insurance to protect yourself against unforeseen events, extreme weather, or other circumstances beyond the control of either party.

2.5 Harassment and Safety; Improper Directions. We have zero tolerance for abusive, threatening, or unsafe behavior. If unsafe or inappropriate conditions exist, we may stop work, remove staff or equipment, and terminate services immediately. You remain responsible for all amounts due. You may not direct our personnel to perform work outside the agreed scope.

2.6 Damage or Loss; Missing Accessories. You are responsible for repair or replacement costs if equipment or accessories (e.g., cables, adapters, cases) are lost, stolen, vandalized, missing, or damaged while in your control. Costs may include taxes and an administrative fee. If the same model is unavailable, we may use a comparable item of equal value and performance. Notify us promptly of any loss or damage. Risk of loss transfers to you upon delivery and remains with you until we regain possession. We may photograph or video equipment conditions at delivery and return. For theft or vandalism, you must file a police report within 24 hours and provide the report number.

2.7 Outdoor Use. Only items labeled for outdoor use may be used outdoors. Using non-outdoor items outside is at your risk. Weather-related damage (rain, wind, heat, cold) is treated as damage under Section 2.6.

2.8 Outdoor Safety Limits. For outdoor setups, we may suspend, strike, or refuse operation if conditions are unsafe (including sustained winds, gusts, lightning, heavy rain, flooding, or unsafe temperatures). Time spent and any additional delivery or pickup trips are billable. Company shall have sole discretion to determine whether weather, site conditions, or other circumstances create an unsafe operating environment.

2.9 Cleaning Fee. If any rented items are returned in a condition that requires excessive cleaning, you will be charged a reasonable cleaning fee.

2.10 Final Inspection and Adjusted Charges. We may inspect returned equipment for up to three (3) days after return and bill for damage, loss, or cleaning discovered during that period. Marking items “Returned to Office” in our system does not waive this right.

2.11 Release of Equipment. You may not remove our rental equipment from the event location without our written permission. You may not release our rental equipment to anyone other than our employees. Before surrendering possession, you must require reasonable identification from anyone claiming to be our representative. We and our agents may enter the premises at reasonable times to inspect the equipment or recover it if this Agreement is terminated.

2.12 Personnel, Subleasing, and Subcontractors. Any labor included in your rental will be performed by qualified personnel in a competent, professional, and lawful manner. We may use subcontractors or sublease equipment and remain responsible for performance. You may not direct our employees, contractors, or subcontractors to perform tasks outside the agreed scope of work. Improper directions or unsafe requests are subject to Section 2.5. Any directions you give outside the agreed scope will not expand or modify our obligations under this Agreement. If we agree to accommodate requests outside the agreed scope, you will be billed at our then-current labor rates.

2.13 Incident Cooperation. If any incident occurs (injury, property damage, claim, loss, or expense), we will notify each other promptly and cooperate in any investigation unless counsel or authorities advise otherwise.

2.14 Security Deposits and COI. Company may require a security deposit, certificate of insurance, or both for any rental order in its discretion. If the total replacement value of rented equipment exceeds Five Thousand Dollars ($5,000), Client must either: (a) provide a security deposit in an amount determined by Company; or (b) provide a valid Certificate of Insurance meeting Company’s requirements and naming Tony Schwartz Productions, LLC dba PLAY Event Rentals as an additional insured.

2.15 Site Preparation. You ensure the venue clean, accessible, and ready for delivery and setup at the scheduled time and ready for breakdown and takeaway at the end of the rental term. If the venue is not ready, or if delays occur due to your failure to prepare, you will pay additional charges for the delay, including any labor or delivery costs we may incur.

2.16 Proper Use. You must use the rented equipment carefully, lawfully, and only for its intended purpose at the event address listed. You may not use equipment for illegal purposes or in areas with hazardous materials, excessive dust/sand, or moisture beyond manufacturer limits. Any misuse, improper handling, or unlawful use will be treated as damage under Section 2.6, and you will be responsible for the full cost of repair or replacement. You may not underlease, loan, transfer, or relinquish control; equipment must remain under your immediate supervision. You or your designated Agent must be available at delivery to receive instructions and you agree to follow all provided instructions and documentation. If equipment is reconfigured after delivery, or if instructions are not followed and technical support is required, you will be responsible for additional labor fees under Section 3.

2.17 Ownership. All rented equipment always remains our property. You acquire no ownership rights. We make no claim to images, video, or audio you create while using the equipment.

2.18 Delivery and Takeaway. We will deliver to the confirmed location and time in your order. You or your authorized Agent must be present to sign and receive delivery. Any refused or returned delivery is treated as a completed rental and all rental, service, and applicable fees will apply. If you or your Agent are not present at the scheduled time/place, a wait-time fee may be charged from the scheduled time until acceptance. A wait-time fee may also apply if equipment is not ready for pickup at the confirmed takeaway time, including delays tied to Section 2.15. We are not liable for late delivery caused by your non-compliance or events beyond our control; delivery time will be extended by the delay period.

2.19 Agent. You may designate an Agent, age 18 or older, to act on your behalf to receive and/or operate the equipment. You must notify us in writing or by email if you assign an Agent. Your Agent’s acceptance of delivery, instructions, or approval of additional equipment is binding on you and may result in additional charges. You are responsible for ensuring that your Agent is available at the scheduled delivery times, receives and understands our instructions, and complies with all responsibilities under this Agreement. Designating an agent does not limit or reduce your responsibilities or liabilities under this Agreement.

2.20 Compliance with Laws and Venue Policies. You are responsible for complying with fire code, occupancy limits, sound/noise ordinances, and venue policies. We may lower volume, change placement, or suspend operation to comply with law or venue direction.

3. COMPENSATION

3.1 Payment Schedule. (a) Retainer Payment. To reserve your rental order, you must pay a non-refundable Retainer of thirty percent (30%) of the total fee. The Retainer is only refundable if we cancel your order under Section 1.6.

(b) Balance Due. The balance is due seven (7) days before your scheduled delivery date. We will invoice approximately one week in advance and, if undisputed, automatically charge the credit card on file. If you order within seven (7) days of delivery, the balance is due upon receipt of the balance invoice. If the card charge fails, a $75 late fee applies and you have three (3) days to pay in full; otherwise the rental is canceled and the Retainer forfeited.

3.2 Pricing. Prices in your confirmed order are locked upon execution. Additions or changes later are billed at then-current rates. All prices are in U.S. Dollars.

3.3 Fees. You agree to pay all fees, costs, and expenses listed in the Rental Order Sheet, plus applicable taxes and government charges.

3.4 Non-Refundability Acknowledgement. All payments are non-refundable and deemed earned when paid. When we confirm your order, we remove the equipment from our available inventory and reserve it exclusively for you for the duration of your rental period. This reflects the nature of our services, our commitment of calendar space, and the fact that we turn away other clients once your order is reserved. We do not provide refunds, transfers of services, credits for future rentals, or any other returns.

3.5 Sales Tax, Exemptions and Other Taxes. Sales tax is added at the rate in effect at billing and may change by law. You are responsible for other applicable taxes, duties, fees, and charges. Do not allow liens or encumbrances on the equipment; if levied, you will reimburse us in full. If you are tax-exempt, provide a valid certificate before payment; otherwise taxes will be added and must be paid.

3.6 Authorization. You authorize us to charge the card on file for any unpaid amounts, including rental fees, damages, losses, late fees, extra labor/delivery, and post-return charges under Sections 2.6 and 2.9. We may charge the card whether or not you are present.

3.7 Payment Methods. We accept corporate or business checks, debit cards, or credit cards. Personal checks are not accepted. Business/corporate checks must be received and cleared before delivery of any equipment or services. Returned checks incur a $50 fee. You are responsible for all collection costs and legal fees we incur to enforce this Agreement.

3.8 Late Payment. Any unpaid balance not paid by its due date may accrue interest and may result in suspension of services, withholding of future deliveries, or other remedies available under this Agreement.

3.9 Payment Disputes and Chargebacks. You must notify us in writing of any billing dispute within five (5) days of invoice. Unauthorized chargebacks are a breach of this Agreement. If a chargeback occurs, you remain responsible for the invoiced amount plus any processor fees and our reasonable costs to contest the chargeback.

4. LIABILITY & RELEASE

4.1 Limitation of Liability. To the fullest extent allowed by law, neither party is liable to the other for any indirect or special damages related to this Agreement. This includes lost profits, lost business, lost data, or similar damages, even if we knew they might happen. This limitation applies regardless of the legal theory and even if any remedy in this Agreement does not fully make up for the loss.

4.2 Cap on Liability. To the fullest extent permitted by law, Company’s total cumulative liability arising out of or relating to this Agreement shall not exceed the total amount actually paid by Client under this Agreement.

4.3 Disclaimer of Warranties. To the fullest extent permitted by law, except as expressly stated in this Agreement, all equipment, labor, and services are provided “as is” and “as available.” We make no express or implied warranties of merchantability, fitness for a particular purpose, or that the equipment will be free from defects or perform as you desire. You acknowledge that you have selected the equipment based on your own judgment and have not relied on our advice or representations as to its fitness for your intended purpose. You assume all liability that may arise from the use or failure of the equipment. We are not responsible for training you or your personnel to use the equipment. Your sole remedy for any failure or defect in the equipment is a reduction or termination of rental charges starting from the time of the failure.

4.4 Equipment Failure. We represent all equipment leaves our possession in working order. If any rented equipment becomes unsafe or defective, you must immediately stop using it and notify us within one (1) hour. At our discretion, we may repair the item within a reasonable time, provide a replacement if available, make a replacement available at another time, or adjust rental charges accordingly. These are your sole remedies for equipment failure. This does not relieve your other obligations. We are not responsible for injury, loss, or damage resulting from failure or defect.

4.5 Client Materials. Unless expressly included in this Agreement, we will not handle your materials. We are not responsible for loss, theft, damage, or disappearance of your materials. If we do handle your materials, our maximum liability is $50, which is your sole remedy. We do not warrant compatibility of your devices, media, or software with our equipment. Testing in advance is strongly recommended.

4.6 Client Data. You are solely responsible for saving, storing, or clearing any images, video, audio, or other data before we repossess the equipment. We may erase or reset equipment upon repossession, have no obligation to preserve or erase your data. We are not responsible for non-recorded or lost data for any reason.

5. INTELLECTUAL PROPERTY

5.1 Ownership. Any custom graphics, templates, designs, signage layouts, digital content, event experiences, or other creative materials developed by Company for Client remain the intellectual property of Company unless otherwise agreed in writing.

5.2 Limited License. Upon full payment, Company grants Client a non-exclusive, non-transferable license to use such materials solely for the event and purpose for which they were created.

5.3 Preliminary Materials. Company retains all rights in concepts, drafts, mockups, preliminary designs, and unused materials created during the course of the project.

5.4 Customer Intellectual Property, Publicity & Credit. Client may opt out of Company’s use of event photographs or videos for promotional purposes by providing written notice before the event. Unless Client opts out, Client grants Company permission to reasonably use photographs or videos depicting Company’s equipment, services, and event installations in portfolios, social media, websites, advertising, and other promotional materials.

6. INDEMNIFICATION

6.1 Indemnification.

(a) Your Indemnity. You agree to defend, indemnify, and hold harmless PLAY Event Rentals, its owners, employees, and agents from all claims, damages, fines, penalties, costs, and expenses (including attorneys’ fees) arising out of: (1) any negligence, willful misconduct, or legal violations by you or your guests, staff, contractors, or other authorized contacts; (2) any violation of venue rules or policies by you or your authorized contacts; (3) any damage to PLAY’s equipment while in your possession, custody, or control; and (4) any claim of intellectual property infringement based on materials or content you provide.

(b) Our Indemnity. We will indemnify you against claims, damages, and costs (including attorneys’ fees) arising out of our gross negligence, willful misconduct, or injuries caused by defective equipment supplied by us, provided the defect was not caused or contributed to by your misuse, neglect, failure to follow instructions, or unauthorized modification.

(c) Defense of Claims. The party providing indemnification shall have the right to control the defense and settlement of any covered claim, provided that no settlement imposes liability or obligations upon the indemnified party without that party’s prior written consent, which shall not be unreasonably withheld.

7. MISCELLANEOUS

7.1 Counterparts. This Agreement may be signed in multiple counterparts, including electronically. All counterparts together make up one agreement.

7.2 Rental Policies. This Agreement includes and incorporates our Rental Policies, which may be updated from time to time. If there is a conflict between this Agreement and the Rental Policies, this Agreement controls.

7.3 Termination of Agreement. Either party may terminate this Agreement for material breach if uncured after written notice: ten (10) days for monetary breaches; thirty (30) days for non-monetary breaches. The notice must describe the breach in reasonable detail. Termination is effective automatically at the end of the applicable cure period without further action by either party. Upon termination, you remain responsible for all fees and expenses incurred before termination.

7.4 Default and Repossession. You are in default if you fail to pay amounts due, breach this Agreement, or become insolvent. On default, we may terminate this Agreement, suspend services, and repossess equipment. You authorize peaceful, lawful entry to recover equipment. Repossession does not relieve payment obligations.

7.5 Governing Law and Venue. This Agreement is governed by Washington State law. Any claim related to this Agreement must be brought in the state or federal courts in Pierce County, Washington. Both parties agree to the exclusive jurisdiction of those courts.

7.6 Dispute Resolution. Before filing suit, the parties will participate in good-faith mediation in Pierce County, WA, sharing costs equally (legal fees excluded). If unresolved after mediation, either party may proceed under §7.5.

7.7 Legal Fees. If a dispute arises from this Agreement, the prevailing party may recover from the other party all reasonable attorneys’ fees, court costs, collection costs, equipment recovery costs, storage charges, and related expenses.

7.8 Assignment. You may not assign or transfer this Agreement without our written consent. We may assign this Agreement in connection with a sale, merger, or similar transaction. This Agreement binds and benefits both parties and their successors and permitted assigns. Unauthorized assignments are void.

7.9 Force Majeure. We are not responsible for any failure or delay in performing our obligations under this Agreement if caused by events outside our reasonable control. These events include, but are not limited to: acts of God; natural disasters (such as floods, fires, or earthquakes); pandemics; acts of government (including permit denials, revocations, or other restrictions); venue closures; terrorism; civil unrest; labor disputes or strikes; power failures; equipment or software failures; Internet or telecommunications outages; failures of vendors, suppliers, or carriers; denial-of-service attacks; or incompatibility of your equipment or software with ours. If such an event occurs, our obligations will be suspended for as long as the event prevents us from performing them.

7.10 Client Obligations During Force Majeure. A force majeure event does not excuse you from paying any amounts that are already due. All payment obligations remain in effect, even if our performance is delayed or suspended.

7.11 Confidentiality. Each party may receive the other’s Confidential Information and will keep it confidential and use it only to perform this Agreement, except as required by law. Confidential Information excludes public information, information that becomes public through no fault of the recipient, and information received lawfully from a third party without restriction. Our trade secrets, planning documents, instructional materials, timelines, checklists, and the terms of this Agreement (including pricing) are Confidential Information. Do not disclose or post them without our written consent.

7.12 Survival. Provisions that by nature should survive (including payment, indemnification, limitations of liability, disclaimers, damage responsibility, governing law, and dispute resolution) survive termination.

7.13 No Waiver. If either party fails or delays in enforcing any provision of this Agreement, that does not mean they waive that provision or any other rights. Any waiver or consent must be in writing and applies only to the specific matter it covers.

7.14 Severability. If any provision is invalid or unenforceable, the remainder stays effective. A court may limit an invalid term to make it enforceable, and the parties will work in good faith to replace any invalid term with a valid one closest to the original intent.

7.15 Construction. The language in this Agreement is the language of both parties. No provision will be interpreted against either party as drafter.

7.16 Notices. Notices must be delivered in person, by email, certified mail, or overnight courier and are deemed delivered (1) upon personal or email delivery, (2) three business days after certified mailing, or (3) one business day after courier deposit. Send notices to PO Box 13, Puyallup, WA 98371 or Hello@PLAYEventRentals.com, unless updated in writing.

7.17 Privacy and Date Security. Company may collect personal information, payment information, and identification documents in connection with this Agreement. Company will use commercially reasonable measures to protect such information and will use it solely for purposes related to order processing, payment verification, fraud prevention, customer service, and compliance with legal obligations. Company is not responsible for unauthorized access caused by events beyond its reasonable control. Company may securely destroy or delete such information when it is no longer reasonably necessary for business or legal purposes.

7.18 Independent Contractor. We act as an independent contractor, not your employee, partner, or agent.

7.19 Authority. If you sign on behalf of an entity, you represent you have authority to bind it. If not, you are personally bound and liable.

7.20 Entire Agreement. This is the entire agreement and supersedes prior agreements for the same services. It may be modified only by a written amendment signed by both parties. Handwritten changes are ineffective unless initialed or signed by both parties. Your purchase order terms do not apply unless we agree in a signed writing.

7.21 Acknowledgments. Each party had adequate time to review this Agreement and, if desired, consult counsel.

7.22 Headings. Headings are for convenience only and do not affect interpretation.