DAMAGE WAIVER
DAMAGE WAIVER Addendum
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL DAMAGE WAIVERS PROVIDED TO CUSTOMERS (“LESSEES”) OF Deluxe Party Rentals, LLC. You, the “Customer” or “Lessee,” are responsible for protecting all items rented to you (hereinafter, “Rented Item(s)”) by Deluxe Party Rentals under the terms of your Rental Contract from all losses, theft, damage, and destruction. Except as provided below, if any Rented Item(s) is/are lost, stolen, damaged or destroyed during your rental, you will be responsible to Deluxe Party Rentals for all costs associated with repairing, restoring and/or replacing such Rented Item(s). You may also be responsible to Deluxe Party Rentals for additional charges during the period required to repair, restore or replace any Rented Item(s) which is/are lost, damaged or destroyed, and/or the loss in value of such Rented Item(s). If: we make our Optional Damage Waiver available, and you accept it, and fully and timely pay to Deluxe Party Rentals the applicable Damage Waiver Fee reflected in your Rental Contract, then to the extent set forth below, Deluxe Party Rentals agree to waive certain claims against you arising from physical damage to any Rented Item(s) covered by Damage Waiver (hereinafter, “Covered Item(s)”), subject to the remaining terms hereof. You will otherwise remain liable for 100% of all loss, theft, damage to or destruction of the Rented Item(s).
DAMAGE WAIVER IS OPTIONAL.
This Damage Waiver is a partial waiver of our claims for damage to or destruction of only Covered Item(s). IT IS NOT INSURANCE, NOR IS IT A WARRANTY. If Damage Waiver has been offered by Deluxe Party Rentals and you have paid the Damage Waiver Fee set forth in your Rental Contract prior to commencement of your rental, then subject to the remaining terms hereof, including without limitation the “Exceptions and Exclusions” set forth below, Deluxe Party Rentals will waive its right to recover from you 90% of its cost(s) (hereinafter, “Repair/Replacement Costs”) to repair or replace Covered Item(s) which is/are damaged or destroyed during the rental term set forth in your Rental Contract (the “Term”); provided however, that: (a) you will remain liable to Deluxe Party Rentals for a “deductible” equal to 10% of such Repair/Replacement Costs; (b) you must notify Deluxe Party Rentals in writing of any accident, loss, damage to, or destruction of Covered Item(s) within 24 hours thereafter; (c) you must provide to Deluxe Party Rentals with reasonable documentary evidence of the nature and cause(s) thereof; (d) you must return the subject Covered Item(s) to Deluxe Party Rentals, unless we elect to forego such return (in our sole discretion); and (e) you must continue at all times to comply fully with the terms of your Rental Contract, by among other things, fully and timely paying all amounts due and coming due to Deluxe Party Rentals.
Exceptions and Exclusions: The foregoing notwithstanding, the following are NOT COVERED under the Damage Waiver, and you, the “Customer” or “Lessee,” will remain 100% liable for:
(a) Any Rented Item(s) with respect to which you do not pay a Damage Waiver Fee (as provided on Page 1 of your Rental Contract);
(b) The “deductible” described above;
(c) Loss of or damage to Covered Item(s) due to intentional abuse, improper use, gross negligence, willful misconduct, or neglect;
(d) Loss of or damage to Covered Item(s) due to violation (by you, your agents, employees or contractors) of the terms of your Rental Contract, any applicable laws, rules, regulations, policy(ies) of insurance, and/or any instructions and/or warnings provided by Deluxe Party Rentals.
(e) Loss of or damage to any Covered Item due to exceeding the rated capacity of such Rented Item;
(f) Any failure to return Covered Item(s) to Atlas (including without limitation, loss, theft or disappearance);
(g) Damage to or destruction of Covered Item(s) resulting from any failure to properly maintain such Covered Item(s);
(h) Loss of or damage to any Covered Item due to failure to secure and/or protect it (e.g., by leaving it in an unprotected area, leaving it outside in severe weather, unlocked, etc.);
(i) Damage, destruction or loss of or to any Covered Item from anyone employed or engaged by you and/or any other person you permit to use or otherwise deal with any Covered Item(s);
(j) All damage to electrical equipment;
(k) Loss of or damage to any intangible(s), including without limitation, data and intellectual property; and
(l) Loss of or damage to any Covered Item resulting from its exposure to hazardous, explosive, combustible, radioactive, toxic, corrosive, noxious or otherwise hazardous conditions, materials or substances.
This Addendum shall be deemed to modify and supplement, and shall be deemed incorporated into and become a part of your Rental Contract. To the extent any of the terms of this Addendum conflict with the terms of your Rental Contract, the terms of this Addendum shall control. Your Rental Contract shall otherwise remain in full force and effect, will be deemed incorporated herein.
IMPORTANT: YOU MAY DECLINE DAMAGE WAIVER IF YOU PROVIDE TO DELUXE PARTY RENTALS PROOF OF THE INSURANCE REQUIRED UNDER SECTION 11 OF YOUR RENTAL CONTRACT PRIOR TO COMMENCEMENT OF YOUR RENTAL. NONETHELESS, NO DAMAGE WAIVER COVERAGE WILL APPLY TO ANY ITEM(S) FOR WHICH YOU DO NOT PAY THE APPLICABLE DAMAGE WAIVER FEE.
1. YOUR RESPONSIBILITIES.
Rental customers or “lessees” are generally responsible for ALL COSTS AND EXPENSES ARISING RELATING TO ANY LOSS, THEFT, DAMAGE TO OR DESTRUCTION OF RENTED ITEM(S) regardless of whether the rental customer or lessee was at fault. This can amount to thousands of dollars in additional expense, even for rental customers who maintain insurance (e.g., for deductibles, coverage limits, exclusions, etc.).
2. WHAT IS DAMAGE WAIVER?
DELUXE PARTY RENTALS’ Damage Waiver is an OPTIONAL program that ENABLES OUR CUSTOMERS TO AVOID SUBSTANTIAL EXPOSURE TO MANY CLAIMS for physical damage to or destruction of “Covered Item(s)” when it occurs through no fault of the customer. DAMAGE WAIVER IS NOT INSURANCE, NOR IS IT A WARRANTY.
3. WHAT DOES DAMAGE WAIVER COST?
The fee for our Damage Waiver (if offered) is set forth in your Rental Contract for all Covered Item(s). No Damage Waiver Fee is applied to purchases, delivery charges, fuel, or tax.
4. HOW DOES THE DAMAGE WAIVER WORK, AND WHAT DOES IT COVER?
In exchange for your purchase of Damage Waiver, DELUXE PARTY RENTALS agree to waive its claims against you and your company for a portion of the charges enabling you to spend your valuable time and money on your business.
5. THE VALUE OF DAMAGE WAIVER.
Our Damage Waiver enables you to avoid costly downtime and expensive repairs and/or replacements by:
(a) Covering.
(i) Repair/Replacement Costs: The cost of repairing and/or replacing Covered Item(s) which is/are damaged or destroyed during your rental;
(ii) Rental Charges: 100% of the Rent that would otherwise be due under your Rental Contract during the period in which the Covered Item(s) is/are being repaired or replaced (as applicable);
(iii) Certain Other Costs: 100% of the following charges that would normally be due under your Rental Contract: late fees,
transportation and storage fees and interest; AND
(b) Enabling You to Avoid Costly Insurance Claims and Premium Increases: Costly insurance premium increases are avoided because customers are not forced to file claims on their own insurance policies (increasing their “loss histories”).
6. WHAT IS NOT COVERED?
Following is a summary of what the Damage Waiver will not cover:
- A “deductible” equal to 10% of the total of all “Repair/Replacement Costs”;
- Intentional abuse, improper use, gross negligence, and neglect;
- Violation of your Rental Contract, applicable laws or any instructions provided by DELUXE PARTY RENTALS and/or any owner(s) or manufacturer(s) of Covered Item(s);
- Exceeding the rated capacity of Covered Item(s);
- Loss, theft, mysterious disappearance of, or any other failure to return Covered Item(s);
- Your failure to properly maintain Covered Item(s);
- Your failure to secure Covered Item(s);
- Use of alcohol and/or drugs;
- Electrical equipment;
- Intangibles (e.g., intellectual property); and
- Exposure to hazardous conditions or materials.
7. HOW DO I USE MY DAMAGE WAIVER?
If a Covered Item is damaged or destroyed during your rental, you must advise us of the date, time and suspected cause of the facts in writing within 48 hours. In the event of a reportable accident or vandalism, you must also properly complete and file a police report with local authorities. A copy of the police report must be provided to us within 48 hours after the issue. You will be 100% responsible for all the issues that are not covered by this damage Waiver.
8. HOW CAN I AVOID PAYING FOR DAMAGE WAIVER?
Damage Waiver is not mandatory; it is OPTIONAL. If you wish to decline Damage Waiver, you must provide us with proof that you have the insurance required. NO DAMAGE WAIVER COVERAGE WILL APPLY TO ANY ITEM(S) FOR WHICH YOU DO NOT PAY THE APPLICABLE DAMAGE WAIVER FEE (WHICH, IF CHARGED, WILL BE SET IN YOUR ORDER).