Terms of Services for your party rentals and live entertainment services:

 

Securing services and payments to AFE:

 

To secure services for Client's scheduled event, the initial payment for services is due three (3) days after Client schedules an event with AFE, unless otherwise agreed to in writing with AFE.  Full payment is due nine (9) days prior to the event, unless otherwise agreed to in writing with AFE.  If the agreement is signed fewer than thirty (30) days prior to Client's event, full payment is due. Upon your payment,  AFE will reserve the time and date agreed upon of such equipment or entertainment.

 

This agreement can be verbally agreed to and accepted via phone by making a payment.  In addition, by making payments to AFE, Client agrees to all terms listed on AFE's website.

While tips are allowed directly to AFE entertainers, by contracting with AFE, Client agrees not to hire AFE entertainers directly or pay them directly for extra hours. All compensation for services rendered related to Client's event are to be made directly to AFE.

AFE Delivery Policy, Rescheduling Policy, Payment Policy and other Policies are part of this agreement and can be found on www.ColumbusParties.com and are part of this agreement. Lessee states that they have reviewed such prior to signing/payment.

The cost paid by the Client for additional supplies and prizes that are ordered from AFE are non-refundable.  Please note that certain weather conditions may cause variations in cotton candy and popcorn prepared on site, and certain types or conditions of ice (style and size) may hinder use of the snow cone machine or may cause variations in product.  AFE will not be responsible for refunding the cost of these services if such conditions occur.  

 

Client's failure to pay amount due by payment due date gives AFE the discretion to cancel the event/services, and any deposits or payments will be forfeited without further just cause or notification.  At AFE discretion, a convenience fee of $10 to $50 charged to all payment in full by credit cards for up to $1,000 may be applied.

 

Rescheduling Policy:


All pre-payments are considered booking fees and/or non-refundable retainers. Therefore, all payments made to A.F.E. are non-refundable under any circumstance.  At its sole discretion, A.F.E. may apply a booking fee to another event, under certain conditions.

 

For outside events:  A.F.E. has the discretion to allow one "rain date" for an outside event if there is a forecast of extreme rain or snow at that event's scheduled time and place AND if the equipment and/or entertainer(s) cannot be moved to an indoor location.  The decision to allow a "rain date" rescheduling of an event is made solely at A.F.E.'s discretion and can only be considered if the following conditions are met:  

 

1. The balance on the client's A.F.E. account is paid in full at the time the "rain date" is determined.

2. A.F.E. received timely written notice of event cancellation due to weather conditions.

3. A.F.E. has items available on the date and time of the new/rescheduled event.

4. The event does not take place on or around a holiday. 

5. A.F.E. received proper notice of the event's cancellation.

 

Restrictions on "rain date" rescheduling:

 

• If 72 hour written notice: the renter may reschedule an event up to 1 year with a $20 rescheduling fee per rental item and a $25 rescheduling fee per entertainer/service 

• If 48 hour written notice:  the renter may reschedule an event up to 6 months with a $30 rescheduling fee per rental item and a $45 rescheduling fee per entertainer/service 

• If 24 hour written notice:  the renter may reschedule an event up to 3 months with a $50 rescheduling fee per rental item and a $60 rescheduling fee per entertainer/service 

• On the Day of the Scheduled Event:  if the renter has given verbal notice prior to delivery/arrival of rental item(s), the client may reschedule an event up to 30 days with a $50 to $99 rescheduling fee per rental item and a $60 to $99 rescheduling fee per entertainer/service. If A.F.E. rental equipment and/or entertainer(s) are en route to the event, or if equipment has already been delivered, or if an entertainer has already arrived and/or set up at the site of the event, A.F.E. will not reschedule the event.
NOTE:  Verbal notice left on voicemail is subjective to being received in time to prevent equipment and/or entertainer transport.

•  If the event falls on a Saturday, Sunday or Monday, written notice by the renter must be received by NOON on Friday prior to the event date. 

 

NOTE:  Perishable items are not subject to the rescheduling policy and must be repurchased for a new/rescheduled event at full rate. 

 

If the client makes the decision to use or accept A.F.E. rental items in extreme weather conditions, the client is still responsible for the equipment's return condition and cleaning fees.  The client must comply with all state regulations and manufacturer's standards for use of that equipment.  

• A.F.E. may decline to set up any equipment in unfavorable weather conditions and, in that event, A.F.E. is not required to return any payment(s).  

• If A.F.E. sets up equipment for the client, A.F.E. is not liable for negative outcomes if a client receives the equipment  and/or chooses to use that equipment in unfavorable weather conditions.  The client's use of equipment under those circumstances constitutes the client's acceptance of full responsibility for any negative outcomes to individuals or equipment.  

• A.F.E may ask for an equipment deposit to secure A.F.E.’s investment under any circumstances.  If a client refuses to pay such deposit, A.F.E may cancel the rental(s) or services and A.F.E. is not responsible to return any payment(s). 

• A.F.E. may charge the credit card on file for any required equipment deposit without further notice.

Rescheduling events for reasons other than weather:  If the party host or guest of honor becomes hospitalized or extremely ill, A.F.E. has the discretion to apply the above "rain date" rescheduling policy at the client's request, contingent upon the client providing proof of the host/guest of honor's illness or hospitalization.

 

Conditions of the premises for the event:

Clear and correct directions regarding the event are to be provided in writing by the Client fourteen (14) days prior to the event.  AFE assumes the date, time, address and specific location(s) provided by the Client for performance or equipment rentals are correct.  It is the Client's responsibility to verify such information and communicate any changes to AFE prior to the event.  Neither AFE nor its entertainers, staff or equipment operators will be held responsible if such event information is wrongly supplied by the Client or if Client fails to update this information.  

AFE entertainers will use Mapquest or other similar mapping/GPS service to find the event location supplied by the Client and will not be held responsible for late arrivals nor considered a "no show" if directions were incorrectly supplied by the Client or misguided by the GPS.  If unforeseen road construction or detours occur, AFE has the flexibility to adjust its performance start time by up to one (1) hour without adjustment to the bill or fee for service. 

Client MUST SECURE ALL PETS at the time of delivery, set up and pick up related to the event.  Failure to do so will be a breach of Client's agreement with AFE and may be construed by AFE as Client's agreement to cancel the contract for services by AFE entertainment.  If such a termination of the agreement occurs, no refunds will be given. If a pet is on the premises of the event and the AFE entertainer/service provider agrees to perform/render services under the contract regardless, Client is subject to pay the costs of any damage additional cleaning fees for any damage or soiling caused by said pet in connection with AFE entertainment pursuant to this contract. 

Face painters, caricature artists, henna tattoo artists and other similar types of services or performances will require a minimum of three (3) chairs and a table for the artist's use, to be supplied by the Client.

If AFE uses stakes to secure an item, AFE is not responsible for any damages they may cause, Lessee accepts full responsibility. Lessee will get clearance with local utility companies prior to their event.  Lessee will have grounds marked prior if any obstructions under the ground. Lessee will alert AFE prior to event if any obstructions renders AFE from using stakes, Other methods securing the equipment are subjected to a service charge.

Pertaining to AFE services:

Contracted services may be subject to the space and time constraints of the event and the number of guests attending the event.

All characters are look-a-likes and are not considered the actual characters; they do not reflect the trademarked characters or brands associated with those characters. No commercial tie-ups with similar character names or brands should be used. AFE does not indorse such actions.

 

Characters and Live Entertainers, at their discretion, may take reasonable breaks. Extreme heat or other extreme conditions may require more than normal breaks for costumed characters and clowns in outfits.

AFE may adjust times for entertainers to fit within the time frame for the event set by the client.  All live entertainment start times are subject to a twenty (20) minute adjustment on the day of the event.

Equipment supplied for Client's event by AFE is guaranteed to be in working order when dropped off.  After the delivery is made, any equipment that breaks or malfunctions due to Client usage or operation will not be the responsibility of AFE, and no refunds will be issued.  Under some circumstances, AFE may issue a company credit for Client's use at a future event.

 

AFE may at its discretion adjust its services or provide a substitute of similar services or rental items if issues arise beyond AFE's control. AFE has no obligation to cancel or return any payments.

 

All equipment specs, photos and descriptions provided prior to an event are considered approximate.  Equipment is rented in "as is" condition.  Specific entertainers or equipment operators may have additional terms and conditions related to safe performance or operation that are incorporated as part of this agreement. Clients are encouraged to ask requirements and all details before reserving any equipment or entertainment activities. The final service may vary than described online, print or in email.

 

Important information regarding equipment rental:

 

    • •Clients are encouraged to ask about their event equipment requirements and set up before reserving any equipment or entertainment. 
    • •Attendants are not provided unless specified in written agreement between Client and AFE.
    • •Client agrees to provide necessary adult supervision for attractions.
    • •Client agrees to provide reasonably safe conditions and premises for AFE performers, staff and equipment operation.
    • •Client understands that some attractions require electricity and it is the Client's responsibility to make sure that this is provided.
    • •Set up of attractions is based on safety, delivery and removal of attractions.  The delivery crew will try to accommodate reasonable Client requests.  If the equipment is set up pursuant to the Client's direction and then moved in response to the Client's subsequent request, there will be an additional fee of $25 to $50 per item moved, payable to AFE.
    • •Equipment rentals may be subject to age restrictions, space and location requirements, and the need for electrical power (which is the Client's responsibility and not provided by AFE).
    • •If Client contracts with AFE or a third party to rent a generator for the event and there are electrical problems, no refunds will be issued by AFE for any rented  equipment that could not be used due to the malfunction of the generator or lack of power supply.  Clients should note that generators can cause issues with the strength of the blowers and machines.
    • •At AFE discretion, AFE will provide at no cost, one (1) 50 ft. extension cord on inflatable attractions and AFE may supply one (1) 15 ft. cord on concession rentals, on delivery orders.

    • •Delivery times will be decided by AFE in coordination with the Client.  Delivery may occur up to one (1) day or twenty (20) minutes prior to the event's start time. If Client needs to set a specific delivery time, AFE will arrange a delivery window of one (1) to four (4) hours in duration for an additional fee.
    • •There will be a cleaning fee incurred if Client does any of the following:
            Allows food or drink to be used in a unit.
                Allows a game that is rented dry to be used wet.
                    Allows use of attraction by participants with face paint or colored hair spray.
                        Allows silly string to be used near game.
                            Requests set-up on surface that causes unit to get dirtier than normal rental.
                               Allows pets to get into/use the inflatables/equipment - cleaning fee is $200+, no exceptions.
                                    Fails to clean the equipment prior to pick up.

 

  • AFE has the option to immediately shut down or discontinue its services at an event in response to any misconduct, being uncooperative, rude behavior, violations of the law, safety issues or any threats to the equipment, company, employees or subcontractors. If the Client is made aware of such unacceptable conduct and does not take steps to ensure the safety of AFE entertainers, staff or equipment, AFE will construe that as Client's agreement to terminate the contract for services, and AFE personnel may leave the event and/or remove AFE's equipment from the event. If such a termination of the agreement occurs, no refunds will be given. No exceptions! If AFE fails to act on such clause, AFE will not beheld responsible for such actions.

    Section 1711.551 of the Revised Code requires that riders must obey all warnings and directions regarding the ride and behave in a manner that will not cause or contribute to injury to themselves or others. Failure to comply is a misdemeanor.

    LESSEE will shut down, take down, protect and discontinue using items in heavy winds, storms and other inclement weather or others threats.

 

If damage occurs, the LESSEE is responsible for repairs, loss of revenue, depreciation, shipping cost, full retail value of new unit and all other cost associated with repairs/replacement of the rental item(s).

 

Lessee will comply with all laws, regulations and is responsible for all permits and license fees and any fines for failure to comply. In addition, AFE has the right to audit the Lessee’s compliance at anytime as Lessor sees fit. Lessee’s failure to comply will give AFE the option to immediately shut down or discontinue its services and use of its equipment. If such a termination occurs, no refunds will be given.

 

At its sole discretion AFE, through its representative, may assist in connection of generators, electrical outlets, etc., to the rental equipment. AFE may trouble shoot any issues that may be caused by electrical access. AFE may charge a fee for such additional services.  AFE does not make any warranty/guarantees of such service. Client agrees that set up area will be immediately ready and accessible, final payments will be promptly made and immediate attention will be given to equipment demonstration and contract signing. Upon Lessee’s failure to comply, AFE may charge a fee for such or cancel service without a refund.

 

 •Equipment rental agreement must be signed on delivery by the person who placed the order or in the name of the person whose credit card was used to pay for the service. If the equipment was left or service was rendered in the absence of the Client, AFE will leave the agreement and the Client is bound by such agreement.

The Lessee shall be in charge of all rental items and fully responsible for any damage or theft to AFE’s Equipment. If damage is incurred while the equipment is in the possession of the Lessee or at the location as directed by Lessee, even if an operator from AFE is on site.

 

IF AFE DOES NOT HAVE IMMEDIATE, EASY AND SAFE ACCESS TO THE EQUIPMENT FOR PICK UP, LESSEE WILL BE CHARGED A WAITING FEE AND ADDITIONAL RENTAL TIME. 

 

AFE has the option to immediately shut down or discontinue its services at an event in response to any misconduct, rude behavior, violations of the law, safety issues or any threats to the equipment, company, employees or subcontractors.  If the Client is made aware of such unacceptable conduct and does not take steps to ensure the safety of AFE entertainers, staff or equipment, AFE will construe that as Client's agreement to terminate the contract for services, and AFE personnel may leave the event and/or remove AFE's equipment from the event. If such a termination of the agreement occurs, no refunds will be given. 

 

Hold Harmless Provision:

 

LESSEE AGREES TO INDEMNIFY AND HOLD LESSOR HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDING COSTS, EXPENSES, DAMAGES AND LIABILITIES INCLUDING REASONABLE ATTORNEY’S FEES ARISING BY REASON OF INJURY, DAMAGE OR DEATH TO PERSONS OR PROPERTY, IN CONNECTION WITH OR RESULTING FROM THE USE OF THE EQUIPMENT INCLUDING BUT NOT LIMITED TO THE MANUFACTURE, SELECTION, DELIVERY, POSSESSION, USE, OPERATION, OR RETURN OF THE EQUIPMENT INCLUDING BUT NOT LIMITED TO THE EQUIPMENT. LESSEE HEREBY RELEASES AND HOLDS HARMLESS LESSOR FROM INJURIES OR DAMAGES INCURRED AS A RESULT OF THE USE OF SAID EQUIPMENT UNLESS LESSOR IS OPERATING THE EQUIPMENT AND IS DEEMED BY A COURT OF LAW TO BE NEGLIGENT IN ITS ACTIONS.

 

LESSOR CANNOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR INJURIES AS A RESULT OF ACTS OF GOD, NATURE, OR OTHER CONDITIONS BEYOND ITS CONTROL OR KNOWLEDGE.THIS RELEASE IS INTENDED TO DISCHARGE LESSOR FROM ALL LIABILITY FOR ANY INJURY TO ANY AND ALL PERSON(S) AND ALL PROPERTY CONNECTED WITH THE LEASE OF THE PROPERTY SPECIFIED HEREIN. THIS INCLUDES, BUT IS NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF USE OF PROPERTY, PHYSICAL INJURY, DEATH, ENJOYMENT OF LIFE, LOSS OF PROFITS, INJURY TO GOODWILL, INJURY TO REPUTATION AND ALL O!THER FORMS OF CONSEQUENTIAL INJURY AND DAMAGE, REGARDLESS OF HOW SUCH INJURY OR DAMAGE IS CALLED OR CHARACTERIZED.

 

Liabilities and laws governing this agreement:

 

Any payments made to AFE by the Client will be considered acceptance of these and other terms specific to the written agreement between AFE and the Client.AFE is not liable for any accidents or damage that occur before, during or after the event.  AFE's liability extends only to the commission amounts it earns from the scheduled event.  Misconduct, nonperformance or other unacceptable actions that are solely the behavior of individuals with which AFE subcontracts for an event are the legal responsibility and liability of said contractor.  

 

Amusement attractions restriction and regulations are governed under the laws of the state of Ohio. All AFE contractual agreements are governed under the laws of the state of California.

 

To guard against fraud, chargebacks and returned checks, AFE reserves the right to provide all details about the event to the City Attorney's office for fraud investigation for possible prosecution.  If a chargeback occurs, the Client will be held 100% responsible and payment in full will be due immediately upon demand by AFE.

 

All prices, services conversations and event details/issues pertaining to this written agreement are considered confidential and no public posting or conversations about these details may be made by either party without written consent from the other party.  An exception is permitted whereby positive photos, blurbs and other information about the event may be made on social media without written consent.

 

Upon Client's violation of this agreement and/or upon AFE's required legal enforcement of this agreement, AFE has the right to collect reasonable attorneys fees, court costs, collection fees and other expenses.

 

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, EXCEPT FOR A DISPUTE OVER FEES, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

 

Severability:

 

This Agreement is fully integrated and constitutes the entire agreement between the parties.  Any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.  If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

1.    the validity or enforceability in that jurisdiction of any other provision of this Agreement; or

2.    the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.


Collection of unpaid fees:

 

Any fees that remain unpaid seven days after the date of the event are subject to late fees and collection fees. All unpaid balances after seven days are subject to a late fee equal to 10% of the unpaid balance. Additionally, the LESSEE will be responsible for all costs of collection including reasonable attorney's fees up to and including judgment as well as all reasonable costs incurred to collect the judgment in full.


Lessee grants permission for AFE to immediately charge the credit card on file for any additional time, damages, cleaning charges, missing items, replacement costs and miscellaneous costs associated within the rental agreement and terms listed on AFE’s website. AFE has 7 (seven) business days to conclude any damages and cleaning costs associated with this rental agreement.  AFE will attempt to notify by phone, text, email or U.S. Mail, but does not need further permission or explanation to finalize charges with card on file.

 

Other:

Specific performances, equipment or other services to be rendered may require additional terms and conditions. Please contact AFE for all terms and conditions that relate to a specific event or services to be rendered.

 

AFE has the right to modify these terms without notice. All sales are final.