Terms of Service
Renter agrees to the following conditions and terms from Fetti & Fizz, the Company, which agreements shall become binding and effective immediately upon submission of Renter’s online order and deposit.
Reservations can be made through the Company’s online reservation system. Reservations will not be guaranteed until Renter has received an email confirmation for its order processed from the Company. The Company requires that all reservations be held with a 50% payment to be prepaid at the time the reservation is made and a $100 refundable damage security deposit. Add ons must be selected and paid for at least fourteen (14) days before the time of scheduled delivery. Payment can be made via Zelle, Venmo, and Paypal (do not select goods and services to avoid a 3% processing fee).
All outstanding balances are due seven days prior to delivery. The remaining balance is based on the agreed upon number of guests and additional items.
Full Refund. Renter MUST notify the Company by email to Shilpa@gmail.com at least fourteen (14) days before the time of scheduled delivery of rental items in order to receive a full refund from the Company.
No Refund. No refund of any amount will be made to Renter if the Company in the event of any cancellation by Renter within thirteen (13) days of the time of scheduled delivery of rental items. If you need to cancel due to an illness or family emergency, we will do our best to reschedule your party to a new date. If you do not wish to reschedule, your deposit will not be refunded. The $100 security deposit will be refunded
Method of Cancellation. ALL cancellations and date changes MUST be received by email Shilpa@gmail.com. The Company does NOT acknowledge cancellations by phone, fax or postal mail. Please be sure to include Renter name and delivery date in your cancellation request.
All rental items are the property of the Company. The Company will retain ownership of all items rented hereunder at all times.
DELIVERY, SET-UP AND PICK-UP POLICIES:
An individual that is at least eighteen (18) years old must be present at Renter’s location for Company to deliver, set-up or pick-up any items rented to Renter. Neither the Company nor any of its representatives shall have any responsibility or liability for clearing any space (including, but not limited to moving any furniture) associated with the delivery, set-up or pick-up of any rented items. Neither the Company nor any of its representatives will have any responsibility or liability to Renter or any other persons to clean any space or otherwise remove or dispose of any trash or other remnants of any nature associated with any events or party held by Renter, other than the pick-up and removal of rental items rented to Renter by the Company.
If a Company representative arrives for delivery or pick-up within confirmed time frame and Renter is not, regardless of reason, ready for delivery or pick-up, there will be a charge of $25.00 for each thirty minutes that such Company representative has to wait for Renter or its representatives.
RIGHT OF COMPANY TO REFUSE SERVICE:
The Company reserves the right to refuse service to Renter if, for any reason determined by Company in its sole discretion, any Company Party feels threatened, insecure or otherwise feels circumstances exist which make it uncomfortable for any Company Party to deliver or set-up any rental items in Renter’s home or otherwise at the location requested for set-up. Company shall in such event (if no services have been rendered) refund in full any prepaid amount paid by Renter to the Company.
ASSUMPTION OF RISK; WAIVER OF LIABILITY; INDEMNIFICATION:
By accepting and using the rental items, Renter, for itself and all other persons that may use the rental items (including, but not limited to any of Renter’s children or other children that use any of such rental items, such as the friends of Renter’s children), specifically acknowledges that each such item is being rented and used at the own risk of renter and such other persons. Accordingly, Renter, for itself and on behalf of all such other persons, to the maximum extent permitted under applicable law, hereby releases the Company and its owners, officers, employees, contractors and representatives (collectively, “Company Parties”) from any claims, damages, risks, losses, costs, expenses, injuries or death that may result from any use of any rented items, whether Renter, the children of Renter (and/or the friends of Renter’s children that use any of the rented items), including but not limited to any damages to property and/or Renter’s place of residence, which in any way is associated with or caused by any rental items rented by Renter. Without limiting the generality of the foregoing, Renter acknowledges and agrees that none of the Company Parties will be liable, obligated or responsible for accidents, injuries or property damage directly or indirectly caused or incurred by the use (or misuse) of any person of any rental items rented by the Company. Renter agrees to indemnify, defend and hold harmless each of the Company Parties for, from and against any and all claims (including but not limited to claims of third parties), demands, suits, actions, causes of action, liabilities, damages, losses, costs and expenses (including, but not limited to, court costs and reasonable attorneys’ fees) which are made or asserted against, or which are incurred by, any Company Party and which arises, directly or indirectly, out of this Agreement or any use by Renter or any other person (including, but not limited to any children of Renter or any friends of Renter’s children) that makes use of any rental items or which otherwise results from any act, omission, injury, accident, death or damage to property that arises from any use or rental of any items rented to Renter by the Company (whether or not as a result of negligence and whether or not foreseeable)
If any item is damaged or stained, charges will be deducted from the damage deposit in order to replace the item including staff time. If the cost of damages exceeds the amount of the damage deposit, an invoice will be sent to the Renter and must be paid by the Renter within 24 hours. If there is no damage, we will refund your $100 deposit via the original form of payment within 48 hours.
It is the responsibility of the Renter to take duty of care and always supervise children with the hire equipment. Diligence must be taken with younger children on the Renter’s premises as Fetti & Fizz equipment is not recommended for children under the age of 6.
Assembly/Disassembly is the responsibility of Fetti & Fizz staff. Please allow our staff to set up and pack up all items for your safety and to reduce the risk of damage.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without application of the rules regarding conflicts of law. The parties hereto hereby consent to the jurisdiction of the state courts located in the City and County of Chicago, Illinois, and irrevocably agree that all actions or proceedings arising out of or relating to this Agreement shall be litigated only in such courts. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. This Agreement constitutes the complete and exclusive statement of its terms and supersedes all prior discussions, dealings or negotiations, if any, between the Company and Renter. This Agreement may not be amended, except by an agreement in writing, signed by Renter and an authorized representative of the Company. In the event of litigation relating to or arising out of this Agreement, the relationship between the Company and Renter and/or any items rented or purchased by Renter from the Company, the non-prevailing party shall be liable to and pay (and a court of competent jurisdiction shall award recovery of) all court costs and reasonable attorneys’ fees incurred by the prevailing party in connection with or as part of such litigation, including pursuant to any appeal therefrom.
THE PARTIES HERETO WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY DEALINGS BETWEEN THEM OR OTHERWISE ARISING UNDER THIS AGREEMENT OR PERTAINING TO ANY ITEMS RENTED OR PURCHASED BY RENTER FROM THE COMPANY.