TERMS & POLICIES 

Please review the actual contract for your final terms before signing and/or paying. Section 1:

(In part) Upon receipt of the retainer, AFE will reserve the time, date and services outlined in Invoice #_________. Therefore, all parties agree that any retainers, monies, gift cards or other monetary instruments paid to AFE are deemed to be fully earned once the agreement has been received or physically signed by Lessee or when payment arrangement has been accepted by AFE. Both parties further agree that payment, or AFE’s acceptance of a payment arrangement, will constitute mutual acceptance and execution of this agreement. Section 2: Rescheduling, Substitutions and Weather Waiver

If Lessee gives written notice it is cancelling this event at least 4 days prior to the day of delivery and would like to reschedule, AFE may give Lessee a credit toward a future event in the amount of 50% of the cost paid under this agreement, minus any third-party expenses, special orders, perishable items, one-time costs to AFE or other costs related to the cancellation of this event.

For events with Same Day Delivery without Weather Waiver:

• For a Saturday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Monday, for credit.

• For a Sunday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Tuesday, for credit.

• For a Monday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Wednesday, for credit.

• For a Tuesday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Thursday, for credit.

• For a Wednesday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Friday, for credit.

• For a Thursday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Saturday, for credit.

• For a Friday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Sunday, for credit.

If Lessee has paid for Flexible Delivery, that entire delivery window will count as the “delivery day” in determining if cancellation was made 4 days or more prior to the day of delivery.

For events with Flexible Delivery without Weather Waiver:

• For a Saturday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Sunday, for credit.

• For a Sunday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Monday, for credit.

• For a Monday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Tuesday, for credit.

• For a Tuesday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Wednesday, for credit.

• For a Wednesday event, Lessee must notify AFE of event cancellation 4:30 p.m. the prior Thursday, for credit.

• For a Thursday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Friday, for credit.

• For a Friday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Saturday, for credit.

NOTE: Holiday or seasonally themed rental equipment will NOT be rescheduled under this provision. AFE has the discretion to decline a client’s request for a rescheduling credit of any equipment or service originally scheduled on or around a holiday.

Please review the actual contract for your final terms before signing and/or paying. Section 1:

(In part) Upon receipt of the retainer, AFE will reserve the time, date and services outlined in Invoice #____________. Therefore, all parties agree that any retainers, monies, gift cards or other monetary instruments paid to AFE are deemed to be fully earned once the agreement has been received or physically signed by Lessee or when payment arrangement has been accepted by AFE. Both parties further agree that payment, or AFE’s acceptance of a payment arrangement, will constitute mutual acceptance and execution of this agreement. Section 2: WEATHER WAIVER

If purchased and paid for (or secured with a P.O. and signed contract) at least 21 days prior to the event, AFE’s Weather Waiver allows Lessee to cancel this event for covered reasons and to receive a future credit of up to 85% of the paid amount of the event rental cost, including delivery fees (but not including the cost of the Weather Waiver). Any third-party expenses, special orders, perishable items or one-time expenses to AFE or other costs related to the cancellation of this event will be subtracted from the credited amount. With supervisor approval, AFE has the discretion to sell a Weather Waiver up to 10 days prior to an event for an additional fee.

Unless Lessee has opted to purchase the AFE Weather Waiver for this event, cancellation will be subject to AFE’s standard cancellation and rescheduling policies.

Maximum future credit for any reservation will not exceed $15,000. If warranted, AFE will issue a gift card after the original date of the event.

Under the Weather Waiver, Lessee may cancel this event by 11 a.m. on the day prior to the scheduled SAME DAY DELIVERY date (NOT necessarily the event date):

For events with Same Day Delivery with Weather Waiver:

• For a Saturday event, Lessee must notify AFE of event cancellation by 11 a.m. the prior Friday, for credit.

• For a Sunday event, Lessee must notify AFE of event cancellation by 11 a.m. the prior Saturday, for credit.

• For a Monday event, Lessee must notify AFE of event cancellation by 11 a.m. the prior Sunday, for credit.

• For a Tuesday event, Lessee must notify AFE of event cancellation by 11 a.m. the prior Monday, for credit.

• For a Wednesday event, Lessee must notify AFE of event cancellation by 11 a.m. the prior Tuesday, for credit.

• For a Thursday event, Lessee must notify AFE of event cancellation by 11 a.m. the prior Wednesday, for credit.

• For a Friday event, Lessee must notify AFE of event cancellation by 11 a.m. the prior Thursday, for credit.

If Lessee has paid for a FLEXIBLE DELIVERY window covering more than one (1) day, AFE will accept cancellation under the Weather Waiver three (3) days prior to the end of the delivery window, UNLESS the equipment has been delivered, is en route for delivery or is being used.

For events with Flexible Delivery with Weather Waiver:

• For a Saturday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Wednesday, for credit.

• For a Sunday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Thursday, for credit.

• For a Monday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Friday, for credit.

• For a Tuesday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Saturday, for credit.

• For a Wednesday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Sunday, for credit.

• For a Thursday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Monday, for credit.

• For a Friday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Tuesday, for credit

AFE does not guarantee that a particular canceled item will be available for a future, rescheduled event, but the gift card will be otherwise valid for AFE services, subject to AFE’s Gift Card Policy terms.

For entertainment services, Lessee must give notice of event cancellation for weather or other eligible reasons at least two (2) days before the scheduled event, by 11 a.m. Such cancellation is only acceptable if the event (1) was to be held outside and (2) cannot be moved inside. After the original event date, Lessee will receive a gift card for 85% of the booking amount, minus one-time expenses such as third-party expenses, special orders, perishable items or other costs related to the cancellation of this event.

When Lessee notifies AFE of event cancellation, AFE will use weather.com data and the Apple weather app to determine whether this Weather Waiver applies. Any behavior by Lessee that obstructs AFE’s determination of cancellation acceptability may void AFE’s Weather Waiver. This includes failure to participate in AFE’s or its proxy’s investigation of a cancellation or failure to provide AFE or its proxy with required documentation, weather data or other information.

Acceptable Causes of Event Cancellation:

• If an outdoor event:

  • Extreme heat warning for event area

  • Rain/thunderstorm prediction greater than 40%

• Guest of honor or party host (of private event ONLY) is ill or hospitalized and a medical excuse is provided

• National disaster impacts the event area

• Government health orders prevent this event

• Snow Emergency of Level 2 or Level 3 is issued the day prior to the scheduled delivery day, but only if the equipment has not been delivered or is not en route to be delivered

• Water or power outage at a rented event venue caused by a utility company prevents this event (must provide written proof)
  

Weather Waiver does not cover event cancellations for the following reasons (i.e., Lessee will remain fully liable financially, regardless of waiver purchase):

• If the event has been rescheduled previously

• If there are weather issues on the day of indoor events, other than a Level 2 or Level 3 Snow Emergency

• If there are weather issues on the day of the event, other than those cited above

• If particular guests cannot attend the event for any reason, other than the exceptions noted above

• Venue issues that are not mentioned above

• Failure of venue or Lessee to secure permits, permissions or similar actions

• Electrical or water issues that are not mentioned above

• Poor planning on Lessee’s part

• Lessee’s breach of contract

• If equipment has already been delivered or services have already been rendered

• Anything that AFE deems this Weather Waiver was not meant to cover or is not within the spirit of this Weather Waiver

Lessee’s optional purchase of AFE’s Weather Waiver takes effect upon payment for said waiver and execution of this agreement. The Weather Waiver is only valid (a) for an event that is booked and paid for and (b) if purchased at least 21 days prior to the event, or at least 10 days prior to the event at AFE’s discretion. If AFE accepts Lessee’s Weather Waiver payment in error, Lessee may request a refund prior to the event. If paying by P.O., the P.O. must be paid in full before the Weather Waiver may be utilized.

AFE is under no obligation to offer this waiver. Further, AFE’s Weather Waiver is an optional purchase by Lessee and is therefore not insurance, nor is it a warranty. In case of dispute, AFE’s liability does not exceed the cost of its Weather Waiver.

Substitutions

Without a Weather Waiver, there is a 20% charge for substitutions, at AFE’s sole discretion to approve, pursuant to these general accommodations:

• Substituted Items: If there is (1) forecast of extreme rain, snow or wind at an outside event's scheduled time and place AND (2) if the reserved equipment and/or entertainer(s) cannot be moved to an indoor location AND (3) Lessee gives proper notice, AFE has discretion to let Lessee substitute items, i.e., substitute smaller equipment or items that can be moved inside and/or better suited for safe use in the extreme weather condition.
  

• AFE may limit the number of substituted items, and NO credit(s) or refunds will be given when less expensive items are provided. Lessee will be charged for the difference if substitutions rent at a higher rate. AFE will NOT substitute equipment for entertainers.

With the purchase of a Weather Waiver, and at least two (2) days prior to delivery, AFE has the sole discretion to approve Lessee’s request to make one (1) substitution for Lessee’s event, as described above, without charge.

AFE Discretion in Rescheduling, Substitutions, Weather Waiver

If AFE is prevented from performing its contracted services pursuant to this agreement for reasons beyond the control of either AFE or Lessee, AFE has the discretion to apply one (1) rescheduling of Lessee’s event. These reasons may include, but are not limited to, the following;

• Strikes, social unrest, declared emergencies, government declaration of war, physical threat(s), unsafe conditions or other external activity preventing AFE from performing services;

• Any local, state or federal government order or act preventing AFE from performing contracted services, including government-ordered shutdown of AFE’s business/surrounding physical area;

• Any community health risk threatening well-being of Lessee, event attendees or AFE personnel;

• Any required government agency guidance/procedure(s) preventing AFE from performing services as contracted.

Please review the actual contract for your final terms before signing and/or paying. Section 3: Contract Cancellation and Termination

Lessee may cancel this agreement and end any further payment obligations by notifying AFE in writing of Lessee’s intent to cancel at least 120 or more days before the date of the scheduled reservation, __________ (date). That cancellation will be Lessee’s agreement to forfeit its deposit and any money already paid for special orders, fees or other advance order items. If a deposit has not yet been paid, the full amount of that deposit must be paid before cancellation of this agreement is final.

Lessee may cancel this agreement fewer than 120 days before the date of the scheduled reservation, ___________ (date), by which action Lessee agrees to pay AFE, in full, the balance remaining on the contract, as well as to forfeit any money already paid, including the cost(s) of special order(s) and/or third-party expenses incurred by AFE in good faith at the direction of Lessee, pursuant to Lessee’s booking. No refunds will be made for a client’s refusal of AFE’s delivery of equipment or services or for a client’s failure to pick up items scheduled for Will Call.

Either AFE or Lessee may terminate this agreement for the following reasons without refund, and Lessee will owe AFE any outstanding balance owed at termination pursuant to the timing noted above:

1. Non-payment of money owed, as outlined in this agreement and incorporated documents;

2. Past due balances on other AFE accounts associated with Lessee or Lessee’s organization, physical address(es), phone number(s) or email address(es);

3. Failure to provide information needed to perform contracted services such as date, time, address;

4. Misleading or fraudulent representation(s), bankruptcy or insolvency;

5. Dispute(s) related to this agreement or violation(s) of this agreement;

6. Weather warnings.

Please review the actual contract for your final terms before signing and/or paying. Awesome Family Entertainment LLC

Contract for Services

After Hours Emergency Voicemail: 419-558-3093

1. What You, Our Awesome Client Agrees to Pay, By When

Awesome Family Entertainment LLC (AFE or Lessor), agrees to provide to Client (Lessee) the services outlined in #%leadid%, on the event date of %startdate%, in the amount of $*total*, under the following terms and conditions. By making a payment or providing a purchase order (P.O.) for payment, Lessee accepts the terms of this rental agreement in its entirety, incorporating #%leadid% herein.

To secure Lessee’s reservation(s), a retainer (50% of the total event cost) is due three (3) days after Lessee reserves AFE’s services. Final payment is due at least nine (9) days before the date of the event reservation. If this agreement is finalized fewer than thirty (30) days before Lessee’s reserved event date, full payment is due upon execution of this agreement unless otherwise specified in writing by AFE and/or a purchase order (P.O.) for payment is approved by AFE.

Upon receipt of the retainer, AFE will reserve the time, date and services outlined in Invoice #%leadid%, therefore all parties agree that any retainers, monies, gift cards or other monetary instruments paid to AFE are deemed to be fully earned once the agreement has been received or physically signed by Lessee or when payment arrangement has been accepted by AFE. Both parties further agree that payment, or AFE’s acceptance of a payment arrangement, will constitute mutual acceptance and execution of this agreement.

After securing a reservation, Lessee has up fourteen (14) days before the event date to reduce the quantity of items or length of rental, provided that the original quantity reserved was for more than one (1) of a particular item and/or provided that the requested reduction of time still meets the minimum length of time required for the rental. AFE has the discretion to agree or not agree to any reduction at any time. AFE also has the discretion to refuse to make any changes to the event cost(s) OR may apply any price differential as a credit toward future event(s). For other reservation changes, see “Rain Dates and Rescheduling” (Section 2, below) or see “Contract Cancellation and Termination” (Section 3, below).

For live entertainment services, AFE has five (5) working days to confirm availability of performer(s) requested by Lessee; if unable to secure specific performer(s), AFE will present an alternative for Lessee’s approval. If a secured performer is subsequently unable to fulfill this obligation, AFE will act in the best interests of Lessee and find a substitute performer to prevent cancellation or delay of Lessee’s event for that reason.

Lessee's failure to pay the Final Amount Due by the stated payment due date gives AFE just cause to cancel Lessee’s reservation, with all prior retainer(s) and/or payment(s) deemed forfeit. Please note this executed agreement reserves Lessee’s exclusive option to use certain AFE services, equipment and/or performers on a given date and time, and AFE will not provide them to any other client during that time frame. Once reserved, Lessee has discretion not to use those services. AFE fully satisfies its duty under this agreement by protecting Lessee’s exclusive option to these services; no refunds will be given, regardless of how much or little Lessee uses them.

Lessee agrees that the event’s equipment/performer set up area will be immediately ready and accessible when scheduled, final payment(s) will be promptly made (in the event of an alternate payment arrangement) and immediate attention will be given to equipment demonstration and signing of any delivery confirmation agreement. Lessee is responsible for asking about the requirements of all requested event equipment and performers, as well as setup and safety requirements, before finalizing any entertainment reservation.

Please note AFE’s scheduled DELIVERY date/time may differ from the actual EVENT date/time. Lessee should consult the event invoice and/or AFE’s delivery policies for details.

ALL compensation for services related to Lessee’s event must be made directly to AFE. While Lessee may give tips directly to AFE entertainers, staff and crew, Lessee will not hire AFE entertainers directly or pay them directly for extra hours at an event or for future events. Lessee understands and agrees its penalty for violating this provision will be to make AFE whole for the full amount of compensation AFE would otherwise have received for these services, at the normal contracted rate for the original services provided, as well as all associated legal fees, collection costs and other expenses.

AFE’s Delivery Policy, Rescheduling Policy, Payment Policy, Gift Card Policy and Other Policies are incorporated as part of this agreement and can be found at www.ColumbusParties.com. By executing this agreement, Lessee states s/he has had the opportunity and reviewed such provisions prior to signing and making a payment. Lessee may request in writing that AFE provide these policies via email. By not requesting these full policies, Lessee waives any legal right to argue they are not fully integrated into this agreement. This agreement will be fully integrated into and supplemented by a “Proof of Delivery & Condition” and/or a “Will Call - Proof of Received Goods” agreement when Lessee takes possession of rented item(s).

If Lessee or its proxy supplies a telephone number, text number, email address or other contact information to AFE, Lessee agrees that subsequent contact by AFE using this telephone, text, email or other contact information will be acceptable means of communication. Further, AFE may deem as received any messages left by AFE via the number or address supplied by Lessee or proxy.

2. Rescheduling, Substitutions and Weather Waiver

If Lessee gives written notice it is cancelling this event at least 4 days prior to the day of delivery and would like to reschedule, AFE may give Lessee a credit toward a future event in the amount of 50% of the cost paid under this agreement, minus any third-party expenses, special orders, perishable items, one-time costs to AFE or other costs related to the cancellation of this event.

For events with Same Day Delivery without Weather Waiver:

• For a Saturday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Monday, for credit.

• For a Sunday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Tuesday, for credit.

• For a Monday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Wednesday, for credit.

• For a Tuesday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Thursday, for credit.

• For a Wednesday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Friday, for credit.

• For a Thursday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Saturday, for credit.

• For a Friday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Sunday, for credit.

If Lessee has paid for Flexible Delivery, that entire delivery window will count as the “delivery day” in determining if cancellation was made 4 days or more prior to the day of delivery.

For events with Flexible Delivery without Weather Waiver:

• For a Saturday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Sunday, for credit.

• For a Sunday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Monday, for credit.

• For a Monday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Tuesday, for credit.

• For a Tuesday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Wednesday, for credit.

• For a Wednesday event, Lessee must notify AFE of event cancellation 4:30 p.m. the prior Thursday, for credit.

• For a Thursday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Friday, for credit.

• For a Friday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Saturday, for credit.

NOTE: Holiday or seasonally themed rental equipment will NOT be rescheduled under this provision. AFE has the discretion to decline a client’s request for a rescheduling credit of any equipment or service originally scheduled on or around a holiday.

WEATHER WAIVER

If purchased and paid for (or with a P.O. and signed contract) at least 21 days prior to the event, AFE’s Weather Waiver allows Lessee to cancel this event for covered reasons and to receive a future credit of up to 85% of the paid amount of the event rental cost, including delivery fees (but not including the cost of the Weather Waiver). Any third-party expenses, special orders, perishable items or one-time expenses to AFE or other costs related to the cancellation of this event will be subtracted from the credited amount. With supervisor approval, AFE has the discretion to sell a Weather Waiver up to 10 days prior to an event for an additional fee.

Unless Lessee has opted to purchase the AFE Weather Waiver for this event, cancellation will be subject to AFE’s standard cancellation and rescheduling policies.

Maximum future credit for any reservation will not exceed $15,000. If warranted, AFE will issue a gift card after the original date of the event.

Under the Weather Waiver, Lessee may cancel this event by 11 a.m. on the day prior to the scheduled SAME DAY DELIVERY date (NOT necessarily the event date):

For events with Same Day Delivery with Weather Waiver:

• For a Saturday event, Lessee must notify AFE of event cancellation by 11 a.m. the prior Friday, for credit.

• For a Sunday event, Lessee must notify AFE of event cancellation by 11 a.m. the prior Saturday, for credit.

• For a Monday event, Lessee must notify AFE of event cancellation by 11 a.m. the prior Sunday, for credit.

• For a Tuesday event, Lessee must notify AFE of event cancellation by 11 a.m. the prior Monday, for credit.

• For a Wednesday event, Lessee must notify AFE of event cancellation by 11 a.m. the prior Tuesday, for credit.

• For a Thursday event, Lessee must notify AFE of event cancellation by 11 a.m. the prior Wednesday, for credit.

• For a Friday event, Lessee must notify AFE of event cancellation by 11 a.m. the prior Thursday, for credit.

If Lessee has paid for a FLEXIBLE DELIVERY window covering more than one (1) day, AFE will accept cancellation under the Weather Waiver three (3) days prior to the end of the delivery window, UNLESS the equipment has been delivered, is en route for delivery or is being used.

For events with Flexible Delivery with Weather Waiver:

• For a Saturday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Wednesday, for credit.

• For a Sunday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Thursday, for credit.

• For a Monday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Friday, for credit.

• For a Tuesday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Saturday, for credit.

• For a Wednesday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Sunday, for credit.

• For a Thursday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Monday, for credit.

• For a Friday event, Lessee must notify AFE of event cancellation by 4:30 p.m. the prior Tuesday, for credit

AFE does not guarantee that a particular canceled item will be available for a future, rescheduled event, but the gift card will be otherwise valid for AFE services, subject to AFE’s Gift Card Policy terms.

For entertainment services, Lessee must give notice of event cancellation for weather or other eligible reasons at least two (2) days before the scheduled event, by 11 a.m. Such cancellation is only acceptable if the event (1) was to be held outside and (2) cannot be moved inside. After the original event date, Lessee will receive a gift card for 85% of the booking amount, minus one-time expenses such as third-party expenses, special orders, perishable items or other costs related to the cancellation of this event.

When Lessee notifies AFE of event cancellation, AFE will use weather.com data and the Apple weather app to determine whether this Weather Waiver applies. Any behavior by Lessee that obstructs AFE’s determination of cancellation acceptability may void AFE’s Weather Waiver. This includes failure to participate in AFE’s or its proxy’s investigation of a cancellation or failure to provide AFE or its proxy with required documentation, weather data or other information.

Acceptable Causes of Event Cancellation:

• If an outdoor event:

  • Extreme heat warning for event area

  • Rain/thunderstorm prediction greater than 40%

• Guest of honor or party host (of private event ONLY) is ill or hospitalized and a medical excuse is provided

• National disaster impacts the event area

• Government health orders prevent this event

• Snow Emergency of Level 2 or Level 3 is issued the day prior to the scheduled delivery day, but only if the equipment has not been delivered or is not en route to be delivered

• Water or power outage at a rented event venue caused by a utility company prevents this event (must provide written proof)

Weather Waiver does not cover event cancellations for the following reasons (i.e., Lessee will remain fully liable financially, regardless of waiver purchase):

• If the event has been rescheduled previously

• If there are weather issues on the day of indoor events, other than a Level 2 or Level 3 Snow Emergency

• If there are weather issues on the day of the event, other than those cited above

• If particular guests cannot attend the event for any reason, other than the exceptions noted above

• Venue issues that are not mentioned above

• Failure of venue or Lessee to secure permits, permissions or similar actions

• Electrical or water issues that are not mentioned above

• Poor planning on Lessee’s part

• Lessee’s breach of contract

• If equipment has already been delivered or services have already been rendered

• Anything that AFE deems this Weather Waiver was not meant to cover or is not within the spirit of this Weather Waiver

Lessee’s optional purchase of AFE’s Weather Waiver takes effect upon payment for said waiver and execution of this agreement. The Weather Waiver is only valid (a) for an event that is booked and paid for and (b) if purchased at least 21 days prior to the event, or at least 10 days prior to the event at AFE’s discretion. If AFE accepts Lessee’s Weather Waiver payment in error, Lessee may request a refund prior to the event. If paying by P.O., the P.O. must be paid in full before the Weather Waiver may be utilized.

AFE is under no obligation to offer this waiver. Further, AFE’s Weather Waiver is an optional purchase by Lessee and is therefore not insurance, nor is it a warranty. In case of dispute, AFE’s liability does not exceed the cost of its Weather Waiver.

Substitutions

Without a Weather Waiver, there is a 20% charge for substitutions, at AFE’s sole discretion to approve, pursuant to these general accommodations:

• Substituted Items: If there is (1) forecast of extreme rain, snow or wind at an outside event's scheduled time and place AND (2) if the reserved equipment and/or entertainer(s) cannot be moved to an indoor location AND (3) Lessee gives proper notice, AFE has discretion to let Lessee substitute items, i.e., substitute smaller equipment or items that can be moved inside and/or better suited for safe use in the extreme weather condition.

• AFE may limit the number of substituted items, and NO credit(s) or refunds will be given when less expensive items are provided. Lessee will be charged for the difference if substitutions rent at a higher rate. AFE will NOT substitute equipment for entertainers.

With the purchase of a Weather Waiver, and at least two (2) days prior to delivery, AFE has the sole discretion to approve Lessee’s request to make one (1) substitution for Lessee’s event, as described above, without charge.

AFE Discretion in Rescheduling, Substitutions, Weather Waiver

If AFE is prevented from performing its contracted services pursuant to this agreement for reasons beyond the control of either AFE or Lessee, AFE has the discretion to apply one (1) rescheduling of Lessee’s event. These reasons may include, but are not limited to, the following;

• Strikes, social unrest, declared emergencies, government declaration of war, physical threat(s), unsafe conditions or other external activity preventing AFE from performing services;

• Any local, state or federal government order or act preventing AFE from performing contracted services, including government-ordered shutdown of AFE’s business/surrounding physical area;

• Any community health risk threatening well-being of Lessee, event attendees or AFE personnel;

• Any required government agency guidance/procedure(s) preventing AFE from performing services as contracted.

3. Contract Cancellation and Termination

Lessee may cancel this agreement and end any further payment obligations by notifying AFE in writing of Lessee’s intent to cancel at least 120 or more days before the date of the scheduled reservation, %startdate%. That cancellation will be Lessee’s agreement to forfeit its deposit and any money already paid for special orders, fees or other advance order items. If a deposit has not yet been paid, the full amount of that deposit must be paid before cancellation of this agreement is final.

Lessee may cancel this agreement fewer than 120 days before the date of the scheduled reservation, %startdate%, by which action Lessee agrees to pay AFE, in full, the balance remaining on the contract, as well as to forfeit any money already paid, including the cost(s) of special order(s) and/or third-party expenses incurred by AFE in good faith at the direction of Lessee, pursuant to Lessee’s booking. No refunds will be made for a client’s refusal of AFE’s delivery of equipment or services or for a client’s failure to pick up items scheduled for Will Call.

Either AFE or Lessee may terminate this agreement for the following reasons without refund, and Lessee will owe AFE any outstanding balance owed at termination pursuant to the timing noted above:

1. Non-payment of money owed, as outlined in this agreement and incorporated documents;

2. Past due balances on other AFE accounts associated with Lessee or Lessee’s organization, physical address(es), phone number(s) or email address(es);

3. Failure to provide information needed to perform contracted services such as date, time, address;

4. Misleading or fraudulent representation(s), bankruptcy or insolvency;

5. Dispute(s) related to this agreement or violation(s) of this agreement;

6. Weather warnings.

4. AFE Limited Damage Liability Waiver

Unless Lessee has opted to purchase the AFE Limited Damage Liability Waiver for this event, Lessee assumes any and all risk of liability for damage or loss of rented equipment and services. Lessee’s optional purchase of AFE’s Limited Damage Liability Waiver takes effect upon payment for said waiver and execution of this agreement. This waiver relieves Lessee of liability for up to 80% of the cost of repair or replacement of all items covered by the waiver. It does not affect Lessee’s responsibility or liability for other rented item(s) not specifically covered by the waiver, even though the Damage Waiver fee is calculated on all rented items.

This waiver covers the first $15 of missing or damaged accessories, such as balls, darts and bean bags.

Lessee will be liable for total repair and replacement costs for all covered item(s) exceeding $5,000.

This waiver does not cover (i.e., Lessee will remain fully liable for all loss of and damage to) equipment or materials related to hands on activities, entertainers or live performances; nor does it cover dance floors (including electronic dance floors); damage to tablecloths other than food stains (including burning or wax); arcade games if used outdoors; bull rides if used outdoors; bumper cars if used outdoors; or dunk tank windows.

Additionally, this waiver does not cover (i.e., Lessee will remain fully liable for all) AFE items that are lost or damaged as a result of

• Lessee’s breach of this agreement, including failure to properly secure rented item(s) and not doing everything in Lessee’s power to protect AFE’s best interests in the item(s) while in Lessee’s possession;

• failure to follow AFE or manufacturer instructions, failure to follow posted safety signs and/or use of rented item(s) for other than intended purposes and general failure to follow basic common sense/best judgment;

• any actions that void the manufacturer’s warranty;

• failure to use power source as recommended by manufacturer or use of faulty power source;

• theft or other failure to timely and physically return covered items to AFE, including loss or damage caused by traffic accident during transport of the item(s) by Lessee or Lessee’s proxy;

• failure to return any other rented item(s) not covered by the waiver;

• gross negligence, misuse and/or abuse of rented item(s) (including, without limitation, overturning, overloading or disregarding relevant state regulations for operation);

• use of confetti, sand, paints, stains, wax or burning;

• vandalism and/or malicious mischief;

• use of any item(s) in violation of any law, warranty or insurance policy; and/or any damages caused by weather.

Lessee’s required insurance under this agreement will continue to apply for AFE’s benefit and will remain primary, even when Lessee opts to purchase AFE’s Limited Damage Liability Waiver. Lessee will promptly exercise all rights under such policy to make a claim for coverage of the costs of item repair or replacement and/or will assign the claim proceeds to AFE as soon as possible.

Any behavior by Lessee that obstructs AFE’s determination of liability, damage or costs related to its rented item(s) may void AFE’s Limited Damage Liability Waiver; this includes failure to immediately report accident or damage, failure to participate in AFE’s or its proxy’s investigation of an incident or failure to provide AFE or its proxy with documentation, police reports or other information.

AFE’s Limited Damage Liability Waiver is optional and is therefore not insurance, nor is it a warranty.

AFE has the sole discretion to determine the repair and replacement cost(s) of rented item(s) and the extent to which this Damage Liability Waiver applies to each individual situation. In case of dispute, AFE’s liability does not exceed the cost of its Limited Damage Liability Waiver.

Under this Limited Damage Liability Waiver, AFE has the right to send its representative to Lessee’s event to support Lessee’s use of rented items, however Lessee remains responsible for return of all leased items in good condition.

5. AFE Prepaid Cleaning Fees Waiver

When a Prepaid Cleaning Fees Waiver is added, AFE will not bill Lessee for cleaning the following individual items or sets of items within these time frames:

• inflatable ride cleaned in 1 hour or less

• non-ride inflatable cleaned in 30 minutes or less

• empty concession or food machine cleaned in 30 minutes or less

• carnival game cleaned in 30 minutes or less

• carnival ride cleaned in 30 minutes or less

• all chairs/tables in a single rental order cleaned in 15 minutes or less

• any items not listed above cleaned in 30 minutes or less

With this waiver, if the cleaning time for any rental item covered by this waiver exceeds the time limits set forth above, the resulting cleaning fee will be $25 per 30 minutes or part thereof, instead of the standard $75 per 30 minutes or part thereof.

This waiver excludes costumes. Further, this waiver is voided by Lessee’s decision to allow any of the following:

• Lessee does not empty concession or food machine(s) before they are returned to AFE.

• Lessee allows guests to bring food or drink into an AFE attraction, ride or game.

• Lessee exposes one or more rental items to materials or substances that are unreasonably difficult to remove with routine cleaning/sanitizing procedures. Examples of these materials include hay/straw, sand, confetti, Silly String, paints, markers, human or animal body fluids/waste and other similar matter.

• Lessee uses well water (hard water) unless disclosed and noted on the contract prior to booking.

• Lessee returns tablecloths with permanent stains, melted wax, burns or similar damage.

• Lessee returns an item that requires third party assistance to sufficiently clean before it can be rented to a new client.

• Lessee violates any part of the rental contract or AFE policies related to possession and use of rented items.

Note that AFE has no obligation to offer or provide this waiver, and AFE has full discretion to deny a Prepaid Cleaning Waiver request. Grounds for such a denial may include, but are not limited to, past cleaning experiences of items rented by a particular Lessee and expected activities during Lessee’s planned event.

6. Client’s Accepted “To Do List” to prepare the Event Site

* * * After Hours Emergency Voicemail is 419-558-3093 * * *

• Lessee will comply with all laws/regulations, manufacturer’s operating and safety requirements and necessary signage. Lessee is responsible for all required permits, permissions and license fees, as well as any fines incurred for Lessee’s failure to comply. AFE has the right to audit Lessee’s compliance at any time. Lessee agrees to assume responsibility for and pay any fines, penalties or costs incurred by AFE for delivering, installing and/or operating its equipment at Lessee’s event. Where Lessee has not complied, AFE has no obligation to refund any fees.

• Lessee is responsible for ensuring that reserved attractions and services are allowed on the event premises, and that the site is viable for AFE’s services, including being accessible for delivery/retrieval and providing a safe operating space. AFE has NO obligation to set up equipment or provide services if the event site doesn’t meet basic requirements for safe operation or performance, and AFE has NO obligation to refund Lessee for any unused item(s) or services. At the time the reservation is made, Lessee must inform AFE of ALL elevators, stairs, hills, ditches, uneven surfaces, entryways or any other obstacle(s) that may affect AFE performing its contracted services. At booking, it is Lessee’s responsibility to determine whether rented equipment will fit into or through any given space. AFE makes no warranty that any items will be able to maneuver through obstacles, even if AFE indicates otherwise. No refunds will be issued for unused equipment or services as a result. AFE recommends allowing for additional space around rented items and factoring in more than enough space to fit through entryways, due to the fact that items may not bend, fold or maneuver easily.

• Lessee agrees to provide safe conditions and premises for AFE performers, staff and equipment.

• Lessee further agrees to assume the following responsibilities:

  1. Provide *electric* 110volt/20amp electric circuits and 10/12 gauge extension cord(s) for connecting equipment more than 50 ft. from a circuit. There should be no more than one (1) 12 gauge, 50 ft. extension cord for each inflatable.

  2. Provide 10/12 gauge extension cord(s) of 25 ft. for concession rentals and games, with only one (1) concession or game on each extension cord to provide optimal functioning of each unit.

  3. Provide generator(s) for equipment more than 100 ft. from electric circuit(s).

  4. Provide access to entrance(s) and/or parking passes, if needed.

  5. Provide a minimum of *volnum* adult(s) (age 18 or older) to responsibly operate activities.

  6. Provide a water source (not well water) and connecting hose, if needed, as well as a certified lifeguard where required by Ohio law. If reserved, AFE will provide equipment operators, but they will not be certified lifeguards.

  7. Provide one (1) table and three (3) chairs for each Face Painter, Caricature Artist, Concession Rental and similar service, unless Lessee has rented them from AFE for this purpose.

• Where needed, Lessee will make sure a water source is provided for water attractions and Lessee will provide a water hose to run from the water source to the set up location. Lessee further understands and agrees that water pressure or water hose(s) may affect the equipment’s performance. When well water is used as a water source for wet use equipment, AFE will charge an additional cleaning fee.

DELIVERY

• If the event site is not accessible or ready for the scheduled delivery and/or set up of AFE’s equipment, for reasons beyond AFE’s control (including but not limited to weather, electrical issues, barred access or other reasons), AFE has the option NOT to leave its equipment. In the alternative, in such circumstance, AFE may choose to leave equipment at the event site with NO obligation to return later to set it up and with NO obligation to return any fees. AFE may choose to accommodate Lessee in this instance by returning later, for an additional fee(s).

• Lessee agrees that the AFE equipment rental agreement must be signed at delivery by the person who placed the order OR by a designated proxy in the name of the person whose credit card was used to pay for AFE’s services. AFE will require proper ID of the person who signs for delivery.

• Before delivery of rental equipment, Lessee will make sure all sprinkler systems are shut off. Lessee will clearly identify underground utilities, secure clearance with local utility companies (i.e., call the Ohio Utilities Protection Service or OUPS-811) and clearly mark the ground to indicate underground obstructions. Lessee will alert AFE before delivery if obstructions prevent AFE from using stakes; if not, AFE may not be able to make accommodations on the day of delivery. Lessee agrees to pay a service charge if AFE must use other methods to secure equipment without prior notice.

• Lessee will ensure that all access gates and entry points are unlocked in advance of a scheduled delivery or retrieval, and that all sprinkler systems or water systems are turned off.

• Lessee will remove all animal droppings from the set up/performance area BEFORE AFE’s equipment is delivered and/or set up, as well as BEFORE it is retrieved.

• Lessee MUST SECURE ALL PETS at the scheduled time(s) of delivery, set up and retrieval related to Lessee’s event. If Lessee chooses to allow an animal on the premises of the event, Lessee agrees to pay the costs of any damage or additional cleaning fees related to AFE’s contracted equipment, which are caused by that animal’s presence. This provision holds regardless of whether an AFE representative agrees to render services with an animal present.

• Lessee will provide any additional logistical accommodations needed for Specialty Acts, requirements that will be communicated to Lessee before the event date.

• Lessee agrees that AFE’s LED Glow Furniture will be set up indoors, and if left outdoors, will be under an awning, tent or other covering, and Lessee will protect all Glow Furniture from weather elements, including extreme heat or cold, damaging winds, precipitation, flooding or other hazardous conditions. Lessee understands that extreme room or outdoor temperatures may affect the battery life of Glow Furniture. The manufacturer states the battery life of these items is 4-6 hours when fully charged, but AFE makes no warranty as to how long an individual battery charge will last.

• AFE will deliver equipment in good working order. Lessee acknowledges and bears the responsibility to operate the equipment as instructed, including tying straps, connecting blowers and other basic functionality. Please note that items often have additional straps, holes, connections or other parts that do not affect their performance for Lessee’s planned use. If Lessee asks AFE to return to the event site to troubleshoot problems related to electric service, water source, air traps or other functions that AFE deems to be Lessee’s responsibility under this agreement, AFE will charge the maximum Return Trip Fee.

• Lessee releases AFE from all liability for damages to the event premises as the result of installation, operation, use and removal of AFE-provided equipment and/or from an AFE-provided performance. Lessee assumes responsibility for any damage to Lessee-owned or third-party-owned premises or other property. This includes any ordinary and expected damage to the ground caused by stakes used to secure items.

• Lessee’s failure to comply with any provision related to delivery, set up or retrieval of AFE equipment or concerning the condition of the premises for the event, will be a breach of Lessee's agreement with AFE and may be construed by AFE as communicating Lessee’s intention to cancel the contract for AFE services. No refunds will be given for termination of this agreement. No refunds will be given when a client refuses delivery of AFE equipment or services.

7. Client’s Accepted “Do’s and Don’t’s” for Equipment and Performers

* * * After Hours Emergency Voicemail is 419-558-3093 * * *

• Lessee is responsible for asking about performance/operational details and safety requirements BEFORE finalizing a reservation for services, and Lessee is encouraged to ask about additional terms and site conditions needed by specific entertainers and/or for safe equipment operation BEFORE booking. NOTE: Enjoyment of entertainment is subjective, and AFE can only deliver performances as guided by the written invoice, so Lessee is strongly encouraged to ask questions or state requirements before reserving. AFE makes no warranties of Lessee’s satisfaction or that of Lessee’s guests, and once a performer arrives at an event, AFE has fulfilled its obligation to provide the amusement.

• Lessee agrees to provide safe conditions and premises for AFE performers, staff and equipment. If Lessee fails to comply with any safety provisions at the event site or any other provisions in this written agreement, AFE has discretion to immediately enter Lessee’s premises or event location to shut down, discontinue its services and remove its equipment. If this occurs, no refunds will be given.

By accepting this agreement, Lessee agrees to abide by the following:

EQUIPMENT

• If Lessee is absent when AFE delivers its equipment, AFE has the option to leave equipment and/or render other services in Lessee’s absence, with Lessee’s understanding and acceptance to be bound by this rental agreement, without further obligation of AFE to move the equipment once set up is complete. AFE’s delivery crew will try to accommodate reasonable Lessee requests, within relevant safety precautions and restrictions under state law. However, if AFE equipment is set up at Lessee’s direction and/or if Lessee approves the set up, AFE has NO obligation to move the equipment once set up is complete. Under any circumstance, if AFE chooses to accommodate Lessee’s request to move equipment after set up, AFE may charge an additional fee, ranging from $25 to $200 per item moved, as well as a Return Trip Fee, where applicable.

• Lessee will not hold AFE responsible for any delays in its service delivery that are beyond AFE’s control, including delays caused by Lessee’s actions or failure to perform, actions by event attendees, venue requirements, power issues, water issues, weather conditions, traffic delays, scheduling necessities, government orders or declared health emergencies.

• Once in possession of rental items, Lessee will be fully responsible for any damage or theft to those items to the maximum amount allowable by law. Lessee gains possession of such equipment as soon as it is released to Lessee or Lessee’s proxy directly and/or delivered to the location designated by Lessee, even if Lessee is not present and/or if an operator from AFE is on site.

• AFE will issue no refund if electrical problems, interruptions or failure of Lessee’s power supply prevents the proper use and operation of AFE’s generators or other equipment. Lessee understands and agrees that the performance of generators can affect the strength of blowers and operation of concession machines. It is Lessee’s responsibility to check the fuel level of each generator every 30 minutes to make sure there is sufficient fuel to operate the equipment. Lessee releases AFE from all liability resulting from any malfunction(s) or fuel shortage that a generator may cause for operation of rented equipment. Lessee uses AFE’s generators at its own risk and AFE will not issue a refund for any generator malfunction resulting from Lessee’s improper use, negligence or damage.

• Specific equipment rentals, operation and use may be subject to age restrictions, space and location requirements, access to electricity and connection to a water source. Under state law, Lessee is responsible for supplying competent adult supervision.

• Lessee further understands and accepts that, unless otherwise indicated, all AFE inflatables, rides, concessions and other equipment require an operator to perform as designed by the manufacturer and as licensed by the State of Ohio. Lessee agrees to provide an operator age 18 or older who is both capable and commits to responsibly operate AFE’s rented attractions so they perform as designed; Lessee may provide that operator by booking one through AFE or securing one independently. Certain water rides require the attendance of a certified lifeguard. Lessee further agrees to provide a certified lifeguard where required by state law. AFE will not provide attendants unless previously arranged and clearly indicated on the written invoice. Please note that when AFE provides operators for amusements and attractions, those attendants are neither certified lifeguards nor qualified child care providers.

Section 993.08 of the Ohio 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 of themselves or others. Failure to comply is a misdemeanor under Ohio law.

• Lessee further understands and accepts that the rented item(s) can be dangerous and agrees to exercise extreme care and ensure that only properly qualified, instructed and, where applicable, licensed individuals use and/or otherwise deal with such item(s). Temporary structures may move, leak, collapse, overturn or catch fire, particularly during severe weather.

• Lessee agrees to (1) discontinue using, evacuate, shut down, take down and (2) secure and protect AFE equipment in heavy winds, storms, other inclement weather or other threats. If injury or damage occurs, Lessee is liable and responsible for repairs, loss of revenue, depreciation, shipping costs and full retail value of replacement equipment, as well as any other costs associated with such repair or replacement of rented item(s). If severe weather occurs, Lessee agrees to permit AFE to delay delivery, installation and/or use of equipment OR dismantle and retrieve its items. Equipment is rented in "as is" condition. AFE will supply equipment for Lessee’s event guaranteed to be in working order when delivered/set up. Lessee agrees to inspect all equipment when picking up items at Will Call and that removing item(s) from AFE property is acceptance of each item’s acceptable condition. After delivery of its equipment, AFE bears no responsibility for any malfunction or breakage caused by Lessee’s use or operation of that equipment, and no refunds will be given. However, in some circumstances, AFE has discretion to issue a company credit for Lessee to use at a future date.

• Lessee understands and agrees to notify AFE immediately if any malfunction, damage or other issue occurs involving AFE’s rented equipment while in Lessee’s possession, giving AFE the opportunity to repair, replace or make other arrangements. Lessee also acknowledges that every piece of equipment has a limited lifespan, and even normal use may prompt sudden breakage, tears in seams, motor malfunctions, etc., even if an item is in proper working condition when delivered or picked up. If this need for normal repair or maintenance occurs while AFE’s rented equipment is in Lessee’s possession, it is Lessee’s responsibility to notify AFE immediately so corrective action may be taken, if appropriate. AFE will address requests for price adjustments on a case-by-case basis, with no obligation to approve them. Also, Lessee acknowledges that a used item may show wear that does not affect its performance or may have connectors, holes or other parts that play no part in the use for which it was rented by Lessee.

• IF AFE DOES NOT HAVE IMMEDIATE, EASY AND SAFE ACCESS TO ITS EQUIPMENT FOR RETRIEVAL, LESSEE WILL BE CHARGED A WAITING FEE, ADDITIONAL RENTAL TIME AND RETURN TRIP FEE, WHERE APPLICABLE. AFE has the right to access Lessee’s property to retrieve its equipment at any time, including at the conclusion of the period specified in Lessee’s reservation, which may not coincide with the end of Lessee’s event.

• Lessee understands and agrees AFE will charge a cleaning fee if certain actions occur involving AFE’s equipment while in Lessee’s possession, a list that includes but is not limited to the following:

  • used well water as a water source for wet use inflatables;

  • allowed food or drink to be used in a rented attraction or equipment;

  • allowed an amusement rented for dry use to intentionally be used wet — NOTE: A minimum fee of $150 will be charged if an amusement that was rented for dry use was used wet;

  • allowed use of an attraction by participants wearing face paint or colored hair spray;

  • allowed Silly String, confetti or sand to be used in or near a rented game;

  • requested setup on a surface that caused the equipment to get dirtier than usual;

  • allowed pets to enter the equipment or attraction and/or failed to remove ALL animal droppings from the set up/performance area — NOTE: A minimum cleaning fee of $200 will be charged for pet-related cleaning, with no exceptions;

  • failed to clean the equipment prior to its retrieval or return.

PERFORMERS

• Lessee will provide, in writing, clear and correct directions regarding the event location at least fourteen (14) days prior to the event. AFE assumes the accuracy of date, time, address and specific location(s) provided by Lessee for equipment rentals and/or performance(s). Lessee will verify site information and notify AFE of changes prior to delivery of rental items. AFE, its entertainers, staff or equipment operators will not be held responsible if event information supplied by Lessee is incorrect.

NOTE: AFE entertainers will use Google Maps or another similar mapping/GPS service to find the event location supplied by the Lessee and will not be considered late arrivals or "no shows" if directions were incorrectly supplied by Lessee or misguided by the GPS. If unforeseen road construction or detours occur, AFE has discretion to adjust its performance start time by up to one (1) hour without adjustment to the bill or fee for service.

• AFE may adjust start times for entertainers to fit within the event timeframe set by Lessee. All live entertainment start times are subject to a twenty (20) minute scheduling adjustment window on the day of the event, subject to AFE’s discretion, based on a range of entertainment-related factors.

• Lessee agrees AFE will make one (1) attempt to deliver a singing telegram at the date, time and location specified by Lessee; if the recipient is not present at that scheduled date, time or location, AFE will wait 10 minutes without charge. If asked to wait longer, the performer may accommodate that request, depending on other scheduled client obligations; however, AFE will charge Lessee $25 for every subsequent 1-15 minute interval. AFE may make another attempt to deliver at a later day or time, for an additional fee. NOTE: Enjoyment of entertainment is subjective, and AFE can only deliver performances as guided by the written invoice, so Lessee is strongly encouraged to ask questions or state requirements before reserving. AFE makes no warranties of Lessee’s satisfaction or that of the telegram recipient, and once a performer arrives at an event, AFE has fulfilled its obligation.

• Characters and Live Entertainers, at their discretion, may take reasonable breaks. Extreme heat or other event conditions may require more frequent or longer than normal breaks for costumed characters, performers, extreme acts, clowns and other similar entertainers.
  

• Lessee may give tips directly to AFE entertainers, staff and crew but agrees NOT to hire AFE entertainers directly or pay them directly for extra hours at an event or for future events.

GENERAL

• Lessee agrees that amounts paid for additional supplies, prizes and other materials requested by Lessee are non-refundable. In the interest of gathering up all AFE equipment and related materials in order to leave a tidy site after an event, AFE may consider prepaid items left with AFE equipment as intended to be returned to AFE, and it has the discretion to pick up any such items and return them to the warehouse for disposal as AFE sees fit.

• Rental costs of AFE furniture — chairs, tables, Glow decor — do not include set up or tear down unless Lessee requested this in advance and paid the corresponding fees, as shown in the invoice.

• Lessee understands and agrees that AFE’s casino equipment is rented only for amusement purposes, and Lessee will comply with all local, state and federal gaming regulations; no actual money, legal tender, items of value or promises of such may be exchanged in proper use of AFE’s casino rentals.

• By taking possession of AFE items, Lessee forfeits any right to privacy with regard to where those items are transported or used, as some equipment contains GPS tracking security devices.

Please review the actual contract for your final terms before signing and/or paying.

8. Spreading the Word on Social Media, Video/Photography, Third Party Sites

Lessee and AFE both agree that either party may take photos and/or record video to depict Lessee’s event. Unless otherwise notified, AFE has the right to use any photos, images and/or public postings it receives from an event. Either party may post any positive photos and/or remarks made with good judgment on social media, websites operated by Lessee or AFE and/or third party websites. Both parties agree to honor the other’s written request(s) to remove post(s) and/or photo(s) because content doesn’t meet commonly accepted standards of good judgment or taste. All parties agree to make all reasonable efforts to remove a specific image if a person in that photo doesn’t want his or her photo made public. All prices, services, conversations and event details/issues pertaining to this agreement are proprietary and confidential. No public posting or discussion of these rental details may be made by either party or proxy without written consent from the other, except where required by law that such pricing and contract information must be made available to the public, such as in a legal proceeding or public expenditure proceedings.

9. Commercial Considerations

Lessee may utilize AFE’s logo, name and likeness for promotional and commercial purposes, as long as it has obtained AFE’s advance written permission to do so. AFE will require that any commercial use must generally be positive and wholesome. By doing business with AFE, Lessee commits to conduct its business, operations and AFE-related event(s) in a lawful manner. Further, Lessee agrees that before, during and after its contracted relationship with AFE, it will do nothing to bring disrepute to or otherwise damage the Awesome Family Entertainment LLC brands or the goodwill associated therewith.

AFE’s Fairytale Characters, Costumed Characters, Holiday Characters, Storybook Characters, Animal Characters, Superhero Characters and/or Mascot Characters are inspired by classic stories or by current media. Awesome Family Entertainment LLC’s costumed characters are individually named and of AFE’s own creation. AFE DOES NOT OFFER, nor does AFE present, any licensed and/or copyrighted characters. Any resemblance to nationally known copyrighted characters is strictly coincidental.

AFE makes no attempt to assert or protect its ownership of any characters inspired by others, and Lessee agrees not to use AFE characters to make or attempt any commercial use or reference to those nationally known character names or brands. AFE neither endorses nor encourages such actions and will not be held liable for Lessee’s independent actions or marketing attempts of such, nor will AFE be responsible for Lessee’s legal fees in such instance. Further, Lessee shall bear AFE’s legal or other costs resulting from any actual or alleged misdeeds of Lessee associated with such characters. AFE makes no warrant(ies) against interference or infringement, all of which Lessee waives.

10. AFE Agrees to Perform Its Services as Contracted

Lessee understands and agrees AFE’s delivery and/or equipment set up, release of equipment to Lessee at Will Call or arrival of an AFE performer at Lessee’s event fully satisfies AFE’s contractual obligation to make such items available to Lessee on a certain date and time pursuant to Lessee’s reservation. Lessee is reserving an option to utilize AFE’s equipment and will not receive a refund for declining to do so. Lessee further agrees not to hold AFE responsible or assign any liability to AFE, its equipment, services or performers for the failure of Lessee’s event to achieve promotional, marketing or other goals beyond AFE’s stated contractual commitments.

• While AFE will make every reasonable effort to accommodate Lessee’s needs for a successful event, AFE has no obligation to honor special requests.

• Lessee accepts that AFE’s delivered service(s), performance(s) or equipment may vary from depictions online, in print or by email. AFE does not guarantee the accuracy of descriptions on its website; colors and final design may vary with manufacturer repairs, changes and replacements. Online photos may depict several items or services together for illustration purposes only. Equipment specs, photos and descriptions provided prior to an event are considered approximate, and AFE is not obligated to refund the cost of services because of such variations, including any caused by

  • Weather conditions, generally;

  • Weather conditions such as extreme heat/cold or direct sunlight that may cause inflatable(s) or amusement attraction(s) to be too hot, cold or fragile for enjoyable use;

  • Weather or environments that may affect cotton candy and popcorn prepared on site;

  • Any site conditions specific to any equipment operation or any entertainment performance;

  • Lessee’s provided water pressure (for wet use attractions);

  • Lessee’s provided source of electricity;

  • The style, size and condition of ice that may affect or hinder the use of a snow cone machine or may cause variations in the product;

  • Lessee’s conduct or that of event attendees.

• Contracted services are often subject to space and time constraints of an event and its attendees. AFE will make every effort to perform services as contracted. In circumstances beyond its control, AFE will use its discretion to adjust those services or substitute similar services or equipment. By entering this agreement, Lessee agrees to accept substitutes. AFE has no obligation to cancel or return any payments once services are reserved.

• If Lessee is picking up or returning rented items through AFE’s Will Call, Lessee promises to arrive promptly at the scheduled time, and AFE is not obligated to accommodate pick ups/returns outside of normal Will Call hours unless prearranged and approved in writing. An item is not considered “returned” until physically logged back into our inventory by an AFE employee; late fees can accrue until Lessee or proxy arrives at AFE to return the item(s). Late arrivals for pick ups or returns will be subject to late fees and additional rental fees. In all instances, AFE has the right to cancel a reservation without refund if Lessee or Lessee’s proxy is late picking up equipment from Will Call.

• At Will Call, AFE is not responsible if rented items do not fit in the vehicle Lessee sends to pick up or return AFE’s equipment, nor if the pick up vehicle is unsuitable for the task. AFE is not responsible for loading or unloading rented items into Lessee’s designated vehicle. If Lessee requests help loading a vehicle or if AFE assists out of necessity, AFE is not responsible for damage or injury that may occur and may require Lessee or Lessee’s proxy to sign a Loading Waiver accordingly.

• Equipment delivery may be scheduled to occur two (2) days or twenty (20) minutes before an event’s start time. Delivery times will be determined by AFE in coordination with its other scheduled commitments, and AFE will typically notify Lessee one (1) day in advance of the scheduled delivery date/time. For an additional fee, AFE will arrange a specific delivery window of one (1) to four (4) hours in duration. In such cases, it is Lessee’s responsibility to arrange a time that gives AFE sufficient time to set up equipment before an event, and an additional labor fee may be charged.

• AFE has sole discretion to assist in connecting generators, electrical outlets, etc. to AFE’s equipment. AFE may troubleshoot issues related to electrical access, beyond the operation of AFE’s own equipment, and AFE may charge a fee for such additional services. However, AFE makes no warranty or guarantee for such services.

• Lessee understands and agrees AFE is not the manufacturer or designer of any of its equipment, all of which it rents “as is,” and AFE makes no warrant(ies), express or implied regarding any item(s) or service(s) related to or referenced in this contract, including but not exclusively warranties of merchantability, suitability, fitness for a particular purpose, function, design, quality, capacity, freedom from defects and/or contamination, good and workmanlike performance and any warrant(ies) arising from any course of dealing, course of performance and/or usage of trade.

• AFE has discretion to immediately shut down an attraction or discontinue the use of equipment or services in response to any misconduct, lack of cooperation, rude behavior, violation of the law, safety issues or any threats to equipment, company, employees or subcontractors before or during an event. If Lessee is alerted to unacceptable conduct but takes no steps to ensure the safety of AFE entertainers, staff and equipment, AFE will construe that as Lessee’s choice to terminate this contract, and AFE personnel may immediately leave the event and/or enter Lessee’s premises to remove AFE’s equipment from the event. In this case, no refunds will be given, with no exceptions.

• AFE will not be held responsible for any consequences, damages or injury caused by inappropriate or unacceptable behavior of Lessee or event attendees. Lessee accepts responsibility for such liability.

• Equipment retrieval times will be determined by AFE in coordination with its other scheduled commitments, and AFE will typically notify Lessee one (1) day in advance of the scheduled retrieval. Retrievals may be scheduled to occur two (2) days after an event’s scheduled end time. For an additional fee, AFE will arrange a specific retrieval window of one (1) to four (4) hours in duration. In extreme circumstances — such as due to weather conditions, limited access to equipment or the condition of a piece of equipment after an event or other issues beyond AFE’s control — AFE may need to notify Lessee that retrieval will occur more than two (2) days after Lessee’s event.

11. OOPS! — Unpaid Fees

Any fees that remain unpaid seven (7) days after the date of Lessee’s event are subject to late fees and collection fees, unless written pre-approval or other arrangements have been made and clearly noted on the invoice. All unpaid balances after seven (7) days are subject to a late fee equal to 10% of the unpaid balance. Additionally, Lessee agrees to be responsible for all costs of collection, including reasonable attorney and court fees up to and including judgment, as well as all reasonable costs incurred to collect the judgment in full. For any accounts that default under this agreement, any and all applicable discounts, promotions and credits will be forfeited and will be added to the balance due.

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 expenses associated with this rental agreement. Full terms can be found on AFE’s website. AFE has seven (7) business days to inform Lessee of potential fees and charges, although both parties accept that an extension will be given if the manufacturer delays calculating exact fees for repair, cleaning or replacement of items. AFE will attempt to notify Lessee of these charges by phone, text, email or U.S. Mail, but Lessee understands and agrees AFE is not required to obtain further permission or explanation to finalize such charges. If a credit card is not available, Lessee agrees to pay the balance due upon receipt of such notice.

12. Legalities and Laws

Any payment(s) made to AFE by Lessee will be considered acceptance of this agreement’s terms and conditions in their entirety, incorporating the related Invoice #xxxxx and any supporting material. AFE's liability extends only to the contracted amounts it earns from the scheduled reservation, never exceeding the amount of the related invoice.

• Any misconduct, nonperformance or other unacceptable actions that are solely the behavior of individuals whom AFE engages for an event are solely the legal responsibility and liability of said subcontractor(s) and/or said employee(s).

• The regulation and restriction of amusement attractions are governed by the laws of the state of Ohio, as are AFE’s contractual agreements. AFE has the right to audit Lessee’s compliance, and Lessee’s failure to comply gives AFE the option to immediately shut down or discontinue its services, and/or enter Lessee’s premises to remove AFE equipment with no refunds given.

• Lessee’s failure to return rented item(s) or pay the amount(s) due by the agreed time(s), may result in criminal prosecution for theft pursuant to O.R.C. section 2913.02, 2913.41 and 2913.72, and Lessee may be ordered to make restitution for the cost(s) of repairing or replacing the rented item(s) or equipment, loss of revenue, depreciation, shipping costs, full retail costs of new unit and all other costs associated with repairs and/or replacement of the rental item(s).

• To guard against fraud, chargebacks and returned checks, AFE reserves the right to provide details about Lessee’s reservation to local law enforcement for the purpose of investigation and possible prosecution for fraud or theft of service. If a chargeback occurs or if a check is returned, Lessee agrees to be held 100% responsible for payment in full, due immediately upon demand by AFE, as well as any applicable late fees and a return payment fee of at least $39.

• To the fullest extent permitted by law, Lessee assumes all risk of personal and bodily injury, illness, loss, damage, destruction and contamination of, to and/or arising in connection with, the item(s) and service(s) referenced or incorporated herein, including without limitation, all liabilities, claims and damages arising in connection with the selection, provision, inspection, design, manufacture, use, loading, unloading, transportation, installation, storage, cleaning, maintenance, repair, delivery, removal and/or retrieval thereof.

• To the fullest extent permitted by law, Lessee releases, discharges and agrees to indemnify and hold harmless AFE, its owners, employees, contractors, performers, representatives, successors and assigns from all risks, any and all claims, actions, suits, proceeding costs, expenses, damages and liabilities including reasonable attorney and court fees, breach of contract and waiver of rights, remedies, claims, damages and defenses arising by reason of injury, damage or death to persons or property, in connection with or resulting from the use of AFE equipment, including but not limited to the manufacture, selection, delivery, possession, use, operation or return of the equipment and other AFE inventory. Lessee hereby releases and holds AFE harmless from injuries or damages incurred as a result of the use of said equipment unless AFE is operating the equipment and is legally found by a court of law to have been negligent in its actions.

• AFE cannot under any circumstances be held liable for injuries resulting from acts of God, nature or conditions beyond its control or knowledge. This release is intended to discharge AFE from all liability for any injury to any and all person(s) and all property connected with the rental of the items relating to this agreement. This includes, but is not limited to, property damage, loss of property use, physical injury, death, enjoyment of life, lost profits, injury to goodwill, injury to reputation and all other forms of consequential injury and damage, regardless of how such injury or damage is called or characterized.

• Lessee agrees to maintain all insurance required, including (where applicable) commercial general and host liquor liability insurance, with a minimum limit of one million dollars ($1,000,000) and property damage insurance for the full (new) replacement cost of all rented items, naming AFE as an additional insured and loss payee on a closed-cause basis, waiving subrogation against AFE as primary and non-contributory and including severability of interests clause. AFE is irrevocably appointed as Lessee’s agent and attorney-in-fact for purposes of submitting, negotiating and settling claims on such policies.

• Lessee’s acceptance of the terms and conditions of this agreement is unconditional. AFE will have grounds to immediately deem Lessee is in violation of this agreement and subject to legal enforcement upon any failure to timely pay, honor or perform obligations; any providing of intentionally incorrect, misleading or fraudulent information; any declaration of bankruptcy or insolvency; or any other such terms constituting default of this contract. Upon Lessee’s violation of this agreement, AFE has the right to terminate Lessee’s rental, enter Lessee’s premises or rented event site to retrieve its equipment, be relieved of performing further contracted services, purchase replacement item(s) pursuant to the terms of this agreement, retain payments made and recover the balance of payments due, and pursue any other rights and remedies available. For these necessary actions, AFE has the right to collect reasonable attorney fees, court costs, collection fees and other expenses. AFE has the discretion to waive any provision herein, without nullifying or waiving any other provision.

• Both parties understand and agree that this agreement is fully integrated with the relevant “Proof of Delivery & Condition” and/or a “Will Call - Proof of Received Goods” agreement, and, together, these comprise the entire agreement between the parties, superseding any other oral or written agreements concerning this event and service(s), both prior to and after execution of this agreement. Any prior understanding or representation of any kind preceding the date of this agreement shall not bind either party except to the extent incorporated herein. No oral representations by AFE personnel may nullify any part of this agreement, unless approved and authorized by AFE’s CEO, Director of Sales or Director of Operations. No refunds will be given upon any oral or written representation of any AFE personnel, other than AFE’s CEO, Director of Sales or Director of Operations.

• If a provision of this agreement is deemed invalid or unenforceable by law in any jurisdiction, that decision will not affect (1) the validity or enforceability in that jurisdiction of any other provision; or (2) the validity or enforceability in other jurisdictions of this agreement in its entirety. If a provision of this agreement is in conflict with the provision of another agreement, the substance of this agreement will govern.

• Any controversy or claim arising out of or relating to this contract, or the breach thereof, except for a dispute over fees or criminal complaint, shall be settled by Alternative Dispute Resolution, first in the form of mediation and, should settlement of the matter not succeed, in the form of binding arbitration, both processes to be administered by the Ohio Chapter of the National Academy of Distinguished Neutrals by a single mediator and, if necessary, a single arbitrator, both venued in Franklin County, Ohio, with at least five (5) years’ experience in that capacity. Any arbitration related to this agreement will take place on an individual basis; class arbitrations and collective actions are not permitted, and the parties agree that Lessee may bring claims against AFE only in a personal or individual capacity and not as a plaintiff or class member of a class action or representative proceeding. The place of mediation or arbitration shall be Franklin County, Ohio, and Ohio law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Please review the actual contract for your final terms before signing and/or paying.

8. Spreading the Word on Social Media, Video/Photography, Third Party Sites

Lessee and AFE both agree that either party may take photos and/or record video to depict Lessee’s event. Unless otherwise notified, AFE has the right to use any photos, images and/or public postings it receives from an event. Either party may post any positive photos and/or remarks made with good judgment on social media, websites operated by Lessee or AFE and/or third party websites. Both parties agree to honor the other’s written request(s) to remove post(s) and/or photo(s) because content doesn’t meet commonly accepted standards of good judgment or taste. All parties agree to make all reasonable efforts to remove a specific image if a person in that photo doesn’t want his or her photo made public. All prices, services, conversations and event details/issues pertaining to this agreement are proprietary and confidential. No public posting or discussion of these rental details may be made by either party or proxy without written consent from the other, except where required by law that such pricing and contract information must be made available to the public, such as in a legal proceeding or public expenditure proceedings.

9. Commercial Considerations

Lessee may utilize AFE’s logo, name and likeness for promotional and commercial purposes, as long as it has obtained AFE’s advance written permission to do so. AFE will require that any commercial use must generally be positive and wholesome. By doing business with AFE, Lessee commits to conduct its business, operations and AFE-related event(s) in a lawful manner. Further, Lessee agrees that before, during and after its contracted relationship with AFE, it will do nothing to bring disrepute to or otherwise damage the Awesome Family Entertainment LLC brands or the goodwill associated therewith.

AFE’s Fairytale Characters, Costumed Characters, Holiday Characters, Storybook Characters, Animal Characters, Superhero Characters and/or Mascot Characters are inspired by classic stories or by current media. Awesome Family Entertainment LLC’s costumed characters are individually named and of AFE’s own creation. AFE DOES NOT OFFER, nor does AFE present, any licensed and/or copyrighted characters. Any resemblance to nationally known copyrighted characters is strictly coincidental.

AFE makes no attempt to assert or protect its ownership of any characters inspired by others, and Lessee agrees not to use AFE characters to make or attempt any commercial use or reference to those nationally known character names or brands. AFE neither endorses nor encourages such actions and will not be held liable for Lessee’s independent actions or marketing attempts of such, nor will AFE be responsible for Lessee’s legal fees in such instance. Further, Lessee shall bear AFE’s legal or other costs resulting from any actual or alleged misdeeds of Lessee associated with such characters. AFE makes no warrant(ies) against interference or infringement, all of which Lessee waives.

Please review the actual contract for your final terms before signing and/or paying.

5. AFE Prepaid Cleaning Fees Waiver

When a Prepaid Cleaning Fees Waiver is added, AFE will not bill Lessee for cleaning the following individual items or sets of items within these time frames:

• inflatable ride cleaned in 1 hour or less

• non-ride inflatable cleaned in 30 minutes or less

• empty concession or food machine cleaned in 30 minutes or less

• carnival game cleaned in 30 minutes or less

• carnival ride cleaned in 30 minutes or less

• all chairs/tables in a single rental order cleaned in 15 minutes or less

• any items not listed above cleaned in 30 minutes or less

With this waiver, if the cleaning time for any rental item covered by this waiver exceeds the time limits set forth above, the resulting cleaning fee will be $25 per 30 minutes or part thereof, instead of the standard $75 per 30 minutes or part thereof.

This waiver excludes costumes. Further, this waiver is voided by Lessee’s decision to allow any of the following:

• Lessee does not empty concession or food machine(s) before they are returned to AFE.

• Lessee allows guests to bring food or drink into an AFE attraction, ride or game.

• Lessee exposes one or more rental items to materials or substances that are unreasonably difficult to remove with routine cleaning/sanitizing procedures. Examples of these materials include hay/straw, sand, confetti, Silly String, paints, markers, human or animal body fluids/waste and other similar matter.

• Lessee uses well water (hard water) unless disclosed and noted on the contract prior to booking.

• Lessee returns tablecloths with permanent stains, melted wax, burns or similar damage.

• Lessee returns an item that requires third party assistance to sufficiently clean before it can be rented to a new client.

• Lessee violates any part of the rental contract or AFE policies related to possession and use of rented items.

Note that AFE has no obligation to offer or provide this waiver, and AFE has full discretion to deny a Prepaid Cleaning Waiver request. Grounds for such a denial may include, but are not limited to, past cleaning experiences of items rented by a particular Lessee and expected activities during Lessee’s planned event.

Please review the actual contract for your final terms before signing and/or paying.

4. AFE Limited Damage Liability Waiver

Unless Lessee has opted to purchase the AFE Limited Damage Liability Waiver for this event, Lessee assumes any and all risk of liability for damage or loss of rented equipment and services. Lessee’s optional purchase of AFE’s Limited Damage Liability Waiver takes effect upon payment for said waiver and execution of this agreement. This waiver relieves Lessee of liability for up to 80% of the cost of repair or replacement of all items covered by the waiver. It does not affect Lessee’s responsibility or liability for other rented item(s) not specifically covered by the waiver, even though the Damage Waiver fee is calculated on all rented items.

This waiver covers the first $15 of missing or damaged accessories, such as balls, darts and bean bags.

Lessee will be liable for total repair and replacement costs for all covered item(s) exceeding $5,000.

This waiver does not cover (i.e., Lessee will remain fully liable for all loss of and damage to) equipment or materials related to hands on activities, entertainers or live performances; nor does it cover dance floors (including electronic dance floors); damage to tablecloths other than food stains (including burning or wax); arcade games if used outdoors; bull rides if used outdoors; bumper cars if used outdoors; or dunk tank windows.

Additionally, this waiver does not cover (i.e., Lessee will remain fully liable for all) AFE items that are lost or damaged as a result of

• Lessee’s breach of this agreement, including failure to properly secure rented item(s) and not doing everything in Lessee’s power to protect AFE’s best interests in the item(s) while in Lessee’s possession;

• failure to follow AFE or manufacturer instructions, failure to follow posted safety signs and/or use of rented item(s) for other than intended purposes and general failure to follow basic common sense/best judgment;

• any actions that void the manufacturer’s warranty;

• failure to use power source as recommended by manufacturer or use of faulty power source;

• theft or other failure to timely and physically return covered items to AFE, including loss or damage caused by traffic accident during transport of the item(s) by Lessee or Lessee’s proxy;

• failure to return any other rented item(s) not covered by the waiver;

• gross negligence, misuse and/or abuse of rented item(s) (including, without limitation, overturning, overloading or disregarding relevant state regulations for operation);

• use of confetti, sand, paints, stains, wax or burning;

• vandalism and/or malicious mischief;

• use of any item(s) in violation of any law, warranty or insurance policy; and/or any damages caused by weather.

Lessee’s required insurance under this agreement will continue to apply for AFE’s benefit and will remain primary, even when Lessee opts to purchase AFE’s Limited Damage Liability Waiver. Lessee will promptly exercise all rights under such policy to make a claim for coverage of the costs of item repair or replacement and/or will assign the claim proceeds to AFE as soon as possible.

Any behavior by Lessee that obstructs AFE’s determination of liability, damage or costs related to its rented item(s) may void AFE’s Limited Damage Liability Waiver; this includes failure to immediately report accident or damage, failure to participate in AFE’s or its proxy’s investigation of an incident or failure to provide AFE or its proxy with documentation, police reports or other information.

AFE’s Limited Damage Liability Waiver is optional and is therefore not insurance, nor is it a warranty.

AFE has the sole discretion to determine the repair and replacement cost(s) of rented item(s) and the extent to which this Damage Liability Waiver applies to each individual situation. In case of dispute, AFE’s liability does not exceed the cost of its Limited Damage Liability Waiver.

Under this Limited Damage Liability Waiver, AFE has the right to send its representative to Lessee’s event to support Lessee’s use of rented items, however Lessee remains responsible for return of all leased items in good condition.