Terms and Conditions

TERMS AND CONDITIONS OF RENTAL CONTRACT

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For good and valuable consideration, you and Tri State Tent & Party Rentals LLC (also referred to in this
Contract as “TSTP,” “Lessor,” “we,” “us” and “our”) agree as follows:

As used herein, “P.1” means your order or reservation identifying the item(s) being rented to you
hereunder; “Contract” means P.1 together with these Terms and Conditions; “Rented Item(s)” or “Item(s)”
means the item(s) rented to you, as identified on P.1 (including any “Instructions” provided per Section [or “§”]
4 of this Contract); “Site” means the location where the Item(s) is/are to be delivered and/or used (if
applicable), as set forth on P.1; and “Customer,” and “Lessee,” “you” and “your” mean the customer, renter or
lessee identified on P.1 (and as applicable, each and every permitted borrower, sublessee, successor and/or
assign of such Lessee per § 6).
You agree to rent from TSTP the Rented Item(s) for the period(s) specified on P.1 (the “Term”), at the
end of which, your rights to use and possess the Rented Item(s) shall expire and terminate. You agree to pay
us the applicable rental rate(s) set forth on P.1 (the “Rent”), and all other charges accruing hereunder, without
proration, reduction or setoff, and remain liable for all associated injuries and damages, for the entire Term and
until all Rented Item(s) is/are returned to and accepted by TSTP in the return condition required under § 11.
Unless otherwise specifically agreed by TSTP, all rental rates are for normal use of the Rented Item(s) on a
single-event basis and otherwise in accordance with the terms of this Contract and the “Instructions” described
in § 4. Additional Rent at our maximum periodic rate will be due for overuse and late returns. No
cancellation(s) or reduction(s) of Rent will be allowed for act(s) of God, events of force majeure, time in transit
or any other period(s) of nonuse. We have estimated the Rent based on your estimate of the length of the
Term (the “Estimated Rent”). Unless otherwise agreed in writing by TSTP, you: (i) will pay us: (A) the
Estimated Rent, together with any deposit specified on P.1 (or of not specified, 30% of the Estimated Rent) in
advance (together, the “Prepayment”); and (B) all other amounts coming due hereunder upon demand; and (ii)
acknowledge and agree that: (A) we may deduct any amount you owe us from any Prepayment; (B) no interest
will accrue on any Prepayment; (C) no Prepayment will be deemed a limit of your liability to us; and (D) all
Prepayments are NON-REFUNDABLE. Anything remaining with, in or on any Rented Item(s) upon return will
be deemed abandoned.
You will ensure the Site is clean, safe, secure and fit for delivery and use of the Rented Item(s). If we
agree to provide any services (including delivery, setup, installation and/or retrieval), you agree to: (a) pay our
regular charge(s) for the same, and for all waiting time; (b) be present at the Site at the agreed time(s); and (c)
ensure our personnel have full access to the Site at all times. We will not be responsible for mishaps or
delay(s) caused by you, your agents or employees or any other parties, including providers of other goods or
services (“Other Providers”) for which you agree to indemnify, defend and hold harmless TSTP. If you are not
present upon our delivery, setup, installation or retrieval of any Item(s), you agree to accept the statements of
our representatives regarding the same (including the status, condition, quality and quantities of the Item(s)
and the Site).
Upon the earlier of your receipt, or the delivery to the Site, of the Rented Item(s) unless you thereupon
reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item: (i) is complete and in good
order, condition and repair; (ii) is appropriate for your purposes and in all ways acceptable to you; and (iii) was
selected (not based on any recommendation by us), carefully examined counted and tested by you or your
agent(s); and (b) you: (i) have received, reviewed and understand all laws, rules, regulations, training,
instructions, user manuals, maintenance requirements, and other information, if any, including all applicable
EPA, OSHA, ASME, IBC, IFC, IEEE, ASSP, ANSI and other applicable standards (collectively, “Instructions”);
(ii) will fully comply therewith; (iii) have been made aware of the need to use all applicable safety equipment
and devices; (iv) will use each Item only for its intended purpose, in a reasonable and safe manner; (v) will
timely give all applicable notice(s) to, and obtain all applicable licenses, authorizations, permits and approvals
from, all affected parties, including governmental authorities, utilities, cable companies and the owner(s) of the
Site, and ensure that all underground lines, cables and conduits are clearly and properly marked before using
any Item(s) to disturb the ground surface. For this purpose, CALL 811, and in Kentucky, call 800-752-6007
and go to www.Kentucky811.org, at least 2, but not more than 10, full business days in advance (in Ohio,
O.R.C. § 3781.25-32 requires that anyone penetrating the surface of the earth must have the utilities marked
on their property before the “dig.” The Ohio Utilities Protection Service (OUPS) will arrange to have any public

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underground utilities marked on the Site. Please call them at 1-800-362-2764 up to 10 days prior to the
installation date, but no later than 48 hours prior thereto. The Ohio Oil & Gas Producers Utilities Protection
Service (OGPUPS) should also be called. They can be reached at 1-614-715-2984. You will need to know
your county, township, and township section number for your event location. Both services are free. See ORC
§§ 153.64, and 3781.25-32, and .261 for more information); (vi) will immediately cease using any Item that is
damaged, breaks down, or proves defective (a “Malfunction”); and (vii) will ensure that all others comply with
this Contract. You will notify us immediately if any of the foregoing shall prove incorrect or misleading at any
time.

In the event of a Malfunction as defined in § 4, you agree to immediately notify and return the
Malfunctioning Item to, TSTP, and provided such Malfunction did not result from or in connection with any
wrongful or negligent act or omission of, or any breach of this Contract by, you or anyone you permit to use,
occupy or otherwise deal with any Rented Item(s) (including your guests and invitees), we may, at our option:
(a) repair the Malfunctioning Item; (b) provide you with a comparable item; or (c) solely with respect to the
Malfunctioning Item, return the unused portion of the Rent and cancel this Contract. The foregoing remedies
are EXCLUSIVE. We will have no other obligation(s) regarding Malfunctions, all of which you waive (including
without limitation, all direct, indirect, incidental and consequential damages).
Except with respect to Items we rent from one or more third parties (each, a “TPO”) and then re-rent to
you (“Re-Rented Item(s)”), TSTP owns and will retain title to all Rented Items at all times. You will have
exclusive control over the Rented Item(s) during the Term; subject however, to your obligation to fully and
timely comply with this Contract at all times. You SHALL NOT: (a) permit the taking or existence of any lien,
claim, security interest or encumbrance on any such Item; or (b) loan, transfer, sublease, repair, store,
surrender or assign any Rented Item or this Contract without our prior written consent. If we consent to
any such loan, transfer, sublease or assignment you will: (i) remain primarily responsible for the prompt
payment and performance of all obligations of the Lessee arising under this Contract; and (ii) continue to
ensure that each end-user of the Rented Item(s) fully and timely complies with each and every term of this
Contract at all times as if such user were the named Lessee under this Contract. We may substitute, sell
and/or assign any Rented Item(s) and/or all or any part of our interests therein and/or in this Contract at any
time. You authorize and agree to the same, and further agree that, in the event of such assignment, you will
attorn to the assignee, who will not be responsible for any pre-existing obligations or liabilities of TSTP or any
TPO.
SAFETY WARNINGS: THE RENTED ITEM(S) CAN BE DANGEROUS, AND MAY MOVE, SHIFT, TIP,
SINK, OVERTURN, LEAK, OR COLLAPSE, PARTICULARLY DURING SEVERE WEATHER AND/OR ON
STEEP TERRAIN. YOU AGREE TO: (A) EXERCISE, AND TO CAUSE ALL OTHERS TO EXERCISE,
EXTREME CARE WHEN DEALING WITH SUCH ITEM(S); (B) PROVIDE ALL APPLICABLE
FAMILIARIZATION, TRAINING, INSTRUCTIONS AND WARNINGS TO ALL USERS, OPERATORS AND
OCCUPANTS OF THE RENTED ITEM(S); (C) ensure that each Rented Item is used reasonably, safely and
only: (i) for its intended purpose(s); (ii) within its rated capacity; (iii) at the Site; (iv) BY PROPERLY
TRAINED, QUALIFIED, CERTIFIED, FAMILIARIZED AND/OR LICENSED (AS APPLICABLE) ADULTS; and
(v) otherwise in full compliance with this Contract and all applicable laws, rules and regulations, at all times.
SAFETY PRECAUTIONS: You will not, nor will you permit anyone else to abuse, misuse, overuse,
conceal, place in storage with any third party, repair, modify or damage any Rented Item. YOU ALSO AGREE
TO: (A) ENSURE THAT ALL CHILDREN IN, ON, OR NEAR ANY RENTED ITEM(S) ARE SUPERVISED BY
A COMPETENT ADULT AT LEAST 21 YEARS OF AGE AT ALL TIMES; AND (B) EVACUATE, AND
PERMIT TSTP TO DELAY DELIVERY, INSTALLATION AND/OR USE OF, OR DISMANTLE AND/OR
RETRIEVE ANY OR ALL RENTED ITEM(S) (without obligating us to do so) IF ANY HAZARD (INCLUDING
WITHOUT LIMITATION, SEVERE WEATHER) OCCURS OR THREATENS.
NO WARRANTIES: TSTP IS NOT THE MANUFACTURER OR DESIGNER OF ANY OF THE ITEM(S)
REFERENCED IN THIS CONTRACT, ALL OF WHICH ARE PROVIDED “AS-IS”. NEITHER TSTP NOR ANY
TPO, MAKES ANY WARRANTY(IES), EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY(IES) OF
MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN,
QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND CONTAMINATION AND/OR GOOD AND

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WORKMANLIKE PERFORMANCE, AS WELL AS ANY WARRANTY(IES) ARISING FROM OR IN
CONNECTION WITH ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE)
REGARDING ANY ITEM(S) OR SERVICE(S) REFERENCED HEREIN, NOR DOES TSTP OR ANY TPO
MAKE ANY WARRANTY(IES) AGAINST INTERFERENCE OR INFRINGEMENT, ALL OF WHICH YOU
WAIVE. NO DESCRIPTIONS, SPECIFICATIONS, DEPICTIONS OR ADVERTISEMENTS CONSTITUTE
REPRESENTATIONS OR WARRANTIES BY TSTP OR ANY TPO. THERE ARE NO WARRANTIES THAT
EXTEND BEYOND THE FACE OF THIS CONTRACT.

INDEMNITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (A)
ASSUME ALL RISKS, INCLUDING WITHOUT LIMITATION, ALL RISK(S) OF PERSONAL AND BODILY
INJURY, ILLNESS, LOSS, PROPERTY DAMAGE AND CONTAMINATION OF, TO, AND/OR ARISING IN
CONNECTION WITH, THE ITEM(S) AND SERVICE(S) REFERENCED IN THIS CONTRACT, AS WELL AS
ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’
FEES) ARISING FROM AND/OR IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION,
DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DELIVERY, SETUP,
INSTALLATION, DEINSTALLATION, MALFUNCTION, COLLAPSE, STORAGE, CLEANING, SERVICING,
MAINTENANCE, REPAIR, AND/OR RETRIEVAL THEREOF, WHETHER OR NOT YOUR FAULT
(COLLECTIVELY, “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND
AND HOLD HARMLESS, TRI STATE TENT & PARTY RENTALS LLC, EACH TPO, and their respective
owners, shareholders, members, managers, officers, directors, partners, agents, affiliates, employees,
insurers, subrogees, representatives, successors and assigns (each, an “Indemnitee” and collectively, the
“Indemnitees”), for, from and against all such RISKS, as well as all other liabilities, claims, damages, losses,
costs and expenses (including without limitation, attorneys’ fees) arising from and/or in connection with the
Rented Item(s), this Contract and/or any breach hereof by you, your agents, employees, contractors, guests,
invitees, sublessees, successors and/or assigns; and except only as provided in § 5, (C) WAIVE all rights and
remedies available under the Uniform Commercial Code, as well as all direct, indirect, incidental,
consequential, general, special, exemplary and punitive damages, against each and every Indemnitee.
You agree to protect, properly maintain and care for each Rented Item at all times, keep it safely and
securely stored and locked when not in use, and return it to us on time at the end of the Term, complete,
clean, free of contamination, burns, cuts, stains, discoloration and debris, and in good condition, properly
serviced and maintained, and if applicable, full of the appropriate fuel, fluids and lubricants. If you fail to do so,
then in addition to your other obligations arising under this Contract, you will pay us: (a) Rent for each
succeeding full rental period until all Rented Item(s) have been returned or replaced as required; and (b) all
costs and expenses we incur in connection with such failure (including without limitation, all costs of cleaning,
repairs, maintenance and/or replacement(s) of/to the Rented Item(s)). Certain Items may be delivered on
pallets, or in crates, cartons or boxes, and may be stacked, bagged, racked, folded, rolled and/or strapped
(“Packed”). Upon return, you will ensure that all Rented Items are properly Packed. YOU AGREE NOT TO
PACK ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY. IMPROPER PACKING, OR PACKING
ITEMS THAT ARE WET OR DAMP, MAY RESULT IN MOLD, MILDEW OR OTHER DAMAGE, FOR WHICH
YOU WILL BE LIABLE.
You agree to maintain all insurance TSTP may require, including: (a) public and host liquor liability
insurance with minimum limits of $1,000,000 per occurrence; (b) property damage/inland marine insurance
covering all Rented Items for the full (new) replacement cost thereof; and (c) workers’ compensation and
employer’s liability insurance. All such policies shall, to the maximum extent possible: (i) name Tri State Tent &
Party Rentals LLC as an additional insured and loss payee; (ii) waive subrogation against TSTP; (iii) be
primary and non-contributory; (iv) include a severability of interests clause and such other provisions as we
may require. You irrevocably appoint Tri State Tent & Party Rentals LLC as your agent and attorney-in-fact for
purposes of submitting and negotiating claims and payments on all such policies.
We may, without further notice or liability to you, inspect and/or monitor (in person or electronically,
including via the use of GPS, Electronic Logging Devices and/or telematics) any Rented Item(s) at any time,
and all information thereby obtained will be our property. You consent to such inspection(s) and monitoring
and waive all claims with respect thereto. You hereby grant to Tri State Tent & Party Rentals LLC a perpetual,

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royalty free, worldwide right and license to create, edit, display and distribute one or more images of your
event(s) that include one or more Rented Item(s). If any performance required of us is delayed or impaired as
a result of any act or omission of/by you, any Other Provider(s) or any “Act of God” or event of force majeure
(any event, fact or circumstance beyond our reasonable control), we will be excused from such performance.
You waive the benefits of all statutes of limitations regarding our rights and remedies. All amounts due
hereunder but not timely paid will bear interest at the lesser of (a) 18% per annum; or (b) the highest rate
permitted under applicable law until paid. You authorize us to submit all amounts due and coming due
hereunder to any debit or credit card(s) you provide. You agree to pay us the maximum lawful charge for any
check you write which is returned unpaid. Our maximum liability in connection with this Contract is limited to
the Rent we actually receive from you hereunder for the Item(s) identified on P.1. You agree to pay all sales,
use and other taxes, as well as all tolls, fines, fees, assessments and other charges related to the Rented
Item(s) and/or this Contract. If any legal action is commenced in connection herewith, we will be entitled to
recover from you our associated attorneys’ fees, costs and expenses if we prevail. Neither our exercise, nor
our failure or delay in the exercise, of any rights or remedies available under or in connection with this Contract
will constitute an election of remedies or a waiver of any of our rights or remedies, all of which are cumulative.

Your duties hereunder are unconditional. If you or any guarantor shall: (a) fail to fully and timely honor,
pay, perform or comply with this Contract and/or any of your obligations arising hereunder or in connection
herewith; (b) provide any incorrect or misleading information to us; (c) become insolvent or bankrupt; or (d) die
or cease conducting business, or if any Rented Item(s) shall be lost or damaged, you will be in default under
this Contract, whereupon, we may with or without legal process or notice (and without liability to you), to the
maximum extent permitted under applicable law: (i) cancel the Term and/or this Contract (and/or your rights to
use and possess the Rented Item(s)); (ii) seek relief from stay; (iii) recover, empty, lock, disassemble and/or
disable such Item(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries
or property damage (for which you agree to indemnify, defend and hold harmless each Indemnitee); (iv)
perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement
Item(s); (vi) recover from you and/or any guarantor our associated direct and indirect damages, losses, costs
and expenses (including without limitation, Rent for the balance of the scheduled Term, overtime, loss of use,
interest, attorneys’ fees, retrieval/repossession costs, and collection costs); and/or (vii) pursue any other rights
and/or remedies available hereunder, at law and/or in equity, all of which are cumulative.
This Contract, and any “Addenda” we provide (including our form of Damage Waiver Guide and
Addendum), each of which is incorporated herein, constitute(s) the entire agreement between you and TSTP,
superseding all other agreements and representations. The terms of this Contract are severable. If any
provision hereof shall be deemed invalid or unenforceable by any court of competent jurisdiction, such
provision will be deleted, and the remainder of this Contract will remain valid and enforceable. This Contract
cannot otherwise be modified without our written consent. Time is of the essence. These Terms and
Conditions apply to all Item(s) identified on P.1, and to all other items you obtain from us at any time (unless
we otherwise agree in writing). This Contract shall bind and be enforceable by and against you, Tri State Tent
& Party Rentals LLC, the other Indemnitees and their respective permitted successors and assigns (there
being no other third-party beneficiaries hereto). At the option of TSTP, dispute(s) with respect to this Contract
and/or its subject matter shall be submitted to binding arbitration before a single arbitrator selected by TSTP at
the offices of the American Arbitration Association located in or nearest to Erlanger, KY. This Contract shall be
interpreted and enforced under the laws of Kentucky, and proper venue for all civil legal actions commenced in
connection herewith and not submitted to arbitration as provided above shall lie solely in the federal, state and
local courts located in or nearest to Kenton County, KY (unless waived by TSTP). You consent and submit
thereto and waive all claims that such venue lies in an inconvenient forum. EACH PARTY HEREBY WAIVES
ITS RIGHT TO TRIAL BY JURY. Digital, electronic, photocopied and facsimiled signatures and initials hereon
will be deemed originals.
WARNING: A person is guilty of theft of services when the person intentionally obtains services by
deception, threat, false token or other means to avoid payment for the services which he knows are available
only for compensation. Doing so may result in CIVIL LIABILITY AND/OR CRIMINAL PROSECUTION. See
KRS § 514.060, et seq. and its/their successor provision(s) for details.

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