TERMS OF SALE AND RENTAL AGREEMENT

Effective Date: April 17th, 2026

These Terms of Sale and Rental Agreement (the "Agreement") constitute a legally binding contract between Patio Party Pros, LLC ("Company," "Lessor," "we," "us," or "our") and the individual or entity placing an order, reserving equipment, accepting delivery, or otherwise utilizing the Company's products or services ("Customer," "Lessee," "you," or "your").

BY PLACING AN ORDER, REMITTING PAYMENT, ACCEPTING DELIVERY, OR USING RENTAL EQUIPMENT, CUSTOMER ACKNOWLEDGES AND AGREES TO BE LEGALLY BOUND BY THIS AGREEMENT.

1. RENTAL OF EQUIPMENT

The Company agrees to rent certain recreational equipment, lawn games, accessories, and related items (collectively, the "Equipment") to Customer for the rental period specified in the applicable order confirmation, invoice, reservation, or rental agreement.

Title to the Equipment shall at all times remain vested exclusively in the Company. No ownership interest, security interest, or other property right shall pass to Customer by virtue of this Agreement.

2. PAYMENT TERMS

All rental charges, delivery fees, taxes, deposits, and other amounts due shall be payable in accordance with the terms specified at checkout or on the applicable invoice.

The Company reserves the right to refuse service, cancel reservations, or withhold delivery in the event of nonpayment or suspected fraud.

Customer authorizes the Company to charge the payment method provided for all amounts due under this Agreement, including but not limited to rental charges, repair costs, replacement costs, late fees, cleaning fees, and collection expenses.

3. RISK OF LOSS

Customer assumes full responsibility for and bears all risk of loss, theft, destruction, damage, confiscation, or deterioration of the Equipment from the time possession is transferred to Customer until the Equipment is returned to or recovered by the Company.

Customer shall reimburse the Company upon demand for the full replacement value of any Equipment that is lost, stolen, destroyed, or damaged beyond reasonable repair.

4. USE OF EQUIPMENT

Customer represents and warrants that all users of the Equipment shall exercise reasonable care and comply with all applicable laws, regulations, and safety requirements.

Customer shall not:

  • Alter, modify, repair, or disassemble the Equipment;

  • Use the Equipment in a reckless, negligent, or unlawful manner;

  • Relocate the Equipment from the approved event location without prior written consent;

  • Permit use by any person incapable of safely operating the Equipment.

Customer acknowledges that the Equipment is provided "AS IS" and "WITH ALL FAULTS," except as expressly provided herein.

5. DAMAGE, REPAIR, AND CLEANING CHARGES

Customer shall be liable for any damage to the Equipment other than ordinary wear and tear.

The Company may assess charges for:

  • Missing components;

  • Structural damage;

  • Water or weather-related damage;

  • Fire or burn damage;

  • Excessive dirt, mud, food residue, or staining;

  • Damage caused by animals;

  • Unauthorized alterations or repairs.

Customer agrees that the Company may determine repairability and replacement value in its reasonable discretion.

6. LATE RETURN

Time is of the essence with respect to all return obligations.

Equipment not returned or made available for retrieval at the agreed-upon time shall be subject to additional rental charges, administrative fees, and collection costs.

The Company reserves all rights and remedies available under applicable law for the recovery of Equipment wrongfully retained by Customer.

7. ASSUMPTION OF RISK

CUSTOMER ACKNOWLEDGES THAT PARTICIPATION IN RECREATIONAL ACTIVITIES INVOLVING LAWN GAMES, YARD GAMES, OUTDOOR EQUIPMENT, AND RELATED ACTIVITIES INVOLVES INHERENT RISKS OF PERSONAL INJURY, PROPERTY DAMAGE, SERIOUS BODILY HARM, OR DEATH.

CUSTOMER VOLUNTARILY ASSUMES ALL RISKS, KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, ARISING FROM THE USE, MISUSE, POSSESSION, TRANSPORTATION, SETUP, OR OPERATION OF THE EQUIPMENT.

8. RELEASE AND WAIVER OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE THE COMPANY, ITS OWNERS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO THE RENTAL, POSSESSION, USE, MISUSE, TRANSPORTATION, SETUP, OR CONDITION OF THE EQUIPMENT.

THIS RELEASE APPLIES WHETHER SUCH CLAIMS SOUND IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9. INDEMNIFICATION

Customer shall indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, liabilities, damages, judgments, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

(a) Customer's breach of this Agreement;

(b) Customer's possession or use of the Equipment;

(c) Injury to persons or damage to property occurring during the rental period; or

(d) Any claim asserted by Customer's guests, invitees, agents, employees, or participants.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, OR EVENT CANCELLATION COSTS.

THE COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL RENTAL FEES ACTUALLY PAID BY CUSTOMER TO THE COMPANY FOR THE APPLICABLE TRANSACTION.

11. FORCE MAJEURE

The Company shall not be liable for any delay, interruption, cancellation, or failure to perform resulting from acts of God, severe weather, natural disasters, governmental actions, labor disputes, transportation disruptions, supply chain interruptions, pandemics, civil unrest, or any other circumstance beyond the Company's reasonable control.

12. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to conflict of law principles.

The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Milwaukee County, Wisconsin, for any dispute arising under or relating to this Agreement.

13. ATTORNEYS' FEES

In any action or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, court costs, collection costs, and other expenses incurred in enforcing its rights.

14. ELECTRONIC ACCEPTANCE

Customer agrees that electronic signatures, online acceptance, digital acknowledgments, and payment submissions shall constitute valid and enforceable acceptance of this Agreement and shall have the same force and effect as an original handwritten signature.

15. SEVERABILITY

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

16. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.