Terms and Conditions

Terms & Conditions For Big Time Yard Games

EQUIPMENT RENTAL AGREEMENT

1. EQUIPMENT. Big Time Yard Games hereby agrees to lease equipment to customers as per this rental agreement.
2. LEASE TERM. The Lease will start on the dates selected by the customer at checkout (“Lease Term”).
3. LEASE PAYMENT. Customer agrees to pay as rent for the Equipment the amount of the order(“Rent”) in advance of delivery of the Equipment.
4. SECURITY FEE. Prior to taking possession of the Equipment, Customer shall deposit $50 via cash/Venmo/PayPal with Big Time Yard Games as security for any damages caused by Customer or Customer’s agents to the Equipment during the Lease Term. Damages include, but are not limited to, returning the Equipment with paint scratches, dents, missing pieces, damage that hinders the functionality of the Equipment, and other damage beyond “normal wear and tear” to be determined in the sole discretion of Big Time Yard Games. Big Time Yard Games may use part or all of the security deposit to repair any damage to Equipment caused by Customer or Customer’s agents, however, Big Time Yard Games is not limited to the security fee amount and Customer remains liable for any balance that may be due and owing. Customer further agrees that he/she will forfeit any deposit if Customer breaches any terms or conditions of this Agreement..
5. RETURN OF THE EQUIPMENT. If Customer does not provide the Equipment for the Return time and date stated in the Agreement, we may take steps to recover and repossess the Equipment. The Customer hereby authorizes Big Time Yard Games and its agents to enter any premises owned or occupied by the Customer in order to recover and repossess the Equipment. If Customer returns the Equipment on a date subsequent to the date it was due to be returned, Customer will be charged the daily rental charge for each day that the Equipment was late.
6. WAIVER OF LIABILITY. Customer waives any rights to recovery from Big Time Yard Games for any injuries that Customer, and/or any individuals that utilize the Equipment while under Customer’s possession, that they may sustain while using the Equipment under this Agreement. If Customer returns the Equipment on a date subsequent to the date it was due to be returned, Customer will be charged the daily rental charge for each day that the Equipment was late. is not liable for any personal injury or property damage to Customer, and/or any individuals that utilize the Equipment while under Customer’s possession. Further, Big Time Yard Games is not liable for any personal injury or property damage if the Equipment is improperly used, the Equipment malfunctions in any way, or for any other reason whatsoever related to the Customer and others’ use of the Equipment.
7. INDEMNIFICATION. Customer agrees to indemnify and hold harmless Big Time Yard Games from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Big Time Yard Games that result from the acts or omissions of Customer, and/or any individuals that utilize the Equipment while under Customer’s possession, and any agents of Customer.
8. COLLECTION COSTS. Customers must reimburse Big Time Yard Games for its reasonable costs of collection or recovering or repossessing the Equipment including, but not limited to, reasonable attorney’s fees.
9. WAIVER OF WARRANTIES. Big Time Yard Games disclaims any and all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

MISCELLANEOUS

10.1 ASSIGNMENT. This Agreement, and any of the rights and obligations hereunder, may not be assigned by either party without the other’s prior written consent. The Customer may not sublease any portion of the Equipment provided under this Agreement except with prior written consent, nor may Customer allow any third parties to use the Equipment without Customer being present at all times.

10.2 ENTIRE AGREEMENT/MODIFICATION. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. No modifications or waiver of this Agreement shall be binding unless in writing and signed by the parties hereto. The waiver by either party of any breach by the other party of any of its obligations hereunder or the failure of such party to exercise any of its rights in respect of such breach shall not be deemed to be a waiver of any subsequent breach. Refunds will NOT be given due to poor weather after games are delivered. Full refund may be given if canceled 24 hours prior to delivery.

10.3 SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provisions of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

10.4 APPLICABLE LAW AND VENUE. This Agreement shall be governed by the laws of the state. All actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state courts.

I hereby agree to the above terms and I am familiar with the proper use of the Equipment and I agree not to hold Big Time Yard Games responsible for any damages that occur or personal injury that may occur as outlined above.