PDX PARTIES TERMS & CONDITIONS

In addition to the terms below, and the operation guidelines on each rented or purchased item, the Lessee or Purchaser (Customer) agrees to supervise the operation of any rented or purchased item and further agrees that if a rental item is damaged that the Customer will reimburse PDX Parties LLC for the full price to fix the damage and/or the full replacement value of the rented item plus necessary restocking fees.  Before signing this contract, Customer agrees that they have read the entire contract, have agreed to all terms and conditions herein, and have had all questions they may have answered to the Customer’s full satisfaction and understanding.

Delivery/Operation/Payments:
Items will be delivered to the address specified by Customer. Customer grants PDX Parties LLC and its employees/contractors, the right to enter said property for the delivery and setup of the rented or purchased items and, when necessary, for removing the rented or purchased items. A 20% deposit must be made at the time of reservation, unless otherwise specified. The deposit and additional payments made are refundable via the same method as the initial payment with 48 hours notice in advance of the event date by the Customer, minus payment processing fees & any other nonreversible costs incurred by PDX Parties. For Bubble Shows, see the special Inclement Weather Policy below for amendments to this policy. For later cancellations, the payments made are non-refundable, but the Customer will receive a store credit in the amount of the deposit, minus payment processing fees & any other nonreversible costs incurred by PDX Parties, for future rentals or purchases. For rentals, all payments must be completed no later than the time of delivery. For balloon orders, Customer must be paid in full 48 hours prior to delivery. No refunds will be made after the equipment or other items have been delivered and accepted by the Customer. In cases where the Customer or person with permission to act on behalf of the Customer is not present at the time of delivery, a photo confirmation of delivery will be provided as confirmation of PDX Parties’ fulfillment of the agreement. Payments for lost or damaged items will be due at pickup. Late payments will be assessed a 10% late fee monthly on the day of the month the original payment was due until the balance is paid.

Special Bubble Performance Inclement Weather Policy:
When the upcoming weather forecast shows a possibility of rain or winds in excess of 15 MPH, PDX Parties allows for delaying the final payment to the day of the performance with full refunds provided, minus payment processing fees & any other nonreversible costs incurred by PDX Parties, if the Customer notifies PDX Parties of their desire to cancel the performance by 8:00 AM on the date of the performance. In extreme weather circumstances, PDX Parties retains the discretion to cancel the performance and will refund all payments.  PDX Parties will not provide any additional compensation beyond payments made.

General Rules for Safe Operation:
Rentals and purchases must be used in locations that are both safe for the users and the equipment. Rentals, unless otherwise noted, must be protected from damage due to weather conditions. Adult supervision is required with all rentals. In the case of required safety equipment, such as eye protection, PDX Parties LLC will provide the safety equipment and rules of use. Use of the safety equipment is mandatory and PDX Parties LLC is not responsible for injuries occurring with or without use of the safety equipment.

Additional Terms of Lease:
PDX Parties LLC is not responsible for bad weather, disruption of electrical service and/or unfavorable conditions that may arise and no charges or fees will be reimbursed as a result. Customer agrees not to operate the rentals in a manner contrary to this contract and the rules of use provided with each rental item, or the generally accepted use of the items if no such rules of use are provided. If the Customer operates the rentals in a manner contrary to the contract and rules of use on each unit, and the unit is damaged, Customer agrees to pay the cost of repair or full replacement value of any damaged equipment or unit, plus an additional 25% replacement restocking fee. In cases where PDX Parties requires additional labor to prepare the replacement item for use, a $30/hour labor fee may be added. Customer agrees that the equipment leased is for Customer’s own use and said equipment is not be loaned, sub-let, mortgaged or in any other manner disposed of by Customer. Customer further agrees to be liable for any loss of said equipment by reason of fire, theft, or any other cause.

Special Balloon Terms:
PDX Parties LLC guarantees delivery and installation of high quality balloon designs that will be free from significant degradation for 48 hours when used indoors. If significant degradation or a design failure occurs within 48 hours of delivery and the Customer contacts PDX Parties LLC immediately, a replacement or refund commensurate to the damage will be provided at PDX Parties LLC’s discretion. For outdoor balloon usage, barring a significant design or installation failure, PDX Parties LLC will only guarantee the the balloon quality until our employees leave the premises. PDX Parties will not provide any compensation in the case of damage caused by outdoor elements or directly by the Customer or their guests. Customer is responsible for proper disposal of all balloon arrangements at the end of use, unless PDX Parties LLC is specifically contracted to remove the balloon arrangements.

Hold Harmless Provisions:  Customer agrees to indemnify and hold PDX Parties LLC harmless from any and all claim, actions, suits, proceedings, costs, expenses, fees, damages and liabilities, including, but not limited to, reasonable attorney’s fees and costs, arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of the leased equipment. This includes, but is not limited to, the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Customer hereby releases and holds harmless PDX Parties LLC from injuries or damages incurred as a result of the use of the leased equipment. PDX Parties LLC cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control or knowledge. Customer also agrees to indemnify and hold harmless PDX Parties LLC from any loss, damage, theft or destruction of the equipment during the term of the lease and any extensions thereof.

Disclaimer of Warranties:
PDX Parties LLC makes no warranty of any kind, either express or implied, as to the condition of or performance of any leased equipment and Customer agrees to immediately cease use of the equipment and contact PDX Parties LLC if any of the lease equipment develops any indication of defect or improper working conditions.  Customer agrees to use the equipment at Customer’s own risk.

Breach/Indemnity/Arbitration:
In the event that Customer breaches any of the terms of this lease, that Customer will pay for all consequential damages and further indemnify PDX Parties LLC for all costs incurred by PDX Parties LLC incurred in enforcing the terms of the lease or in defending any claim or lawsuit arising out of the operation of said equipment, including the amount of any judgment, attorney’s fees and costs.  If PDX Parties LLC determines, within its own discretion, that the Customer has failed, in any way, to observe or comply with the conditions of this lease, PDX Parties LLC may exercise any of the following remedies: termination of this agreement; re-enter property and retake the equipment; declare any outstanding rent and charges immediately due and payable and initiate whatever legal proceedings necessary to recover said equipment or monies; and/or pursue any additional remedies available it by law.  If a conflict arises, PDX Parties LLC and Customer will abide by the Oregon state laws and forgo filing a lawsuit to solve the dispute.