DELCO BACKYARD GAMES, LLC

RENTAL AGREEMENT, LIABILITY WAIVER, & TERMS OF USE

This Rental Agreement and Liability Waiver (“Agreement”) is entered into by and between Delco Backyard Games LLC (“Company”) and the undersigned customer (“Renter”).

1. RESPONSIBILITY FOR PARTICIPANTS

Renter agrees to rent lawn games and related equipment (“Equipment”) from the Company for temporary use. Renter accepts full responsibility for all individuals for the care, custody, and proper use of all rented Equipment during the rental period, including guests, invitees, and minors.

Renter agrees to:

Use Equipment in a safe and responsible manner

Ensure Equipment is used only for its intended purpose

Supervise all participants, especially children

Keep Equipment in a secure location to prevent theft or damage

Prevent reckless, unsafe, or abusive behavior

2. MINORS

Renter represents that they are at least 18 years of age and legally capable of entering into this Agreement.

Renter agrees that:

They are responsible for all minors using the equipment

They accept all risks and responsibilities on behalf of all minors

3. INSPECTION & CONDITION OF EQUIPMENT

Renter must inspect all Equipment upon assembly.

Renter has one (1) hour from the time of their scheduled pick-up to report any damage, missing items, or faults to the Company.

Failure to report issues within this timeframe confirms that all Equipment was received in acceptable condition.

4. RENTAL PERIOD & RETURNS

Renter agrees to return all Equipment on the agreed-upon date and time. Late returns may result in additional fees.

Rental pick up – 10:00 am

Rental drop off – 10:00 pm

5. DAMAGE, LOSS, OR THEFT

Renter assumes full financial responsibility for all rented Equipment during the rental period.

Damaged or missing items: A portion of the security deposit will be withheld based on the cost of repair or replacement

Return all Equipment in the same condition received (normal wear accepted)

Renter agrees to protect Equipment from weather, misuse, and neglect

Lost or non-returned items: Renter will be charged the full replacement cost

Equipment damaged beyond repair: The full retail value of the Equipment will be charged

Renter authorizes the Company to charge the credit card on file for any damage, missing items, or replacement costs. These charges may exceed the amount of the security deposit.

6. SECURITY DEPOSIT

A security deposit is required at the time of booking.

Deposits will be refunded after Equipment is returned, inspected, and verified to be in acceptable condition

Deductions may be made in accordance with Section 5, Section 17, and Section 18

7. NO DELIVERY OR SETUP

Renter acknowledges:

The company does NOT provide delivery or setup services

All Equipment must be picked up and returned by the renter

Any exceptions must be pre-approved in writing by the Company

8. GAME INSTRUCTIONS & SETUP

Renter agrees to review and follow all game instructions.

Renter will read and understand all rules of play prior to use

Renter will use instructions to properly set up and break down Equipment safely and without causing damage

All Equipment must be used only in the manner intended

Misuse or improper setup may result in damage charges and increased risk of injury

9. PROPER USE & SAFETY

Renter agrees to:

Use Equipment only for its intended purpose

Not to alter, modify, or misuse Equipment

Not to use Equipment under unsafe conditions, including but not limited to wet, uneven, or hazardous surfaces

To discontinue use immediately if Equipment becomes unsafe

10. SETUP & SITE CONDITIONS

Renter is solely responsible for ensuring that the setup location is safe, level, and suitable for use

If Equipment is delivered, Renter accepts the condition and placement upon delivery

11. WEATHER CONDITIONS

Renter assumes all risks associated with weather, including wind, rain, and other environmental conditions, and agrees to stop use if conditions become unsafe.

No refunds or liability shall arise from weather-related issues unless otherwise stated in a separate policy.

12. ASSUMPTION OF RISK & LIABILITY

Renter understands that participation in lawn games carries inherent risks, including but not limited to injury, falls, collisions, or misuse of Equipment or potential Equipment failure.

Renter agrees to:

Assume all risks associated with use of the Equipment

Acknowledge that the Company is not responsible for any injuries that occur while playing with or around the Equipment

Release and hold harmless Delco Backyard Games LLC, its owners, employees, and affiliates from any and all claims, injuries, damage, or liabilities arising from use of the Equipment

13. INDEMNIFICATION

Renter agrees to indemnify and defend the Company against any claims, damages, or expenses resulting from:

Improper use of Equipment

Injury to persons or property during the rental period

Breach of this Agreement

14. CANCELLATION (BY RENTER)

All rentals require a confirmed booking and payment (paid in full) to secure your date. Orders are not guaranteed until payment is received. All payments made are non-refundable. In the event of cancellation:

Cancellations made 14+ days before the rental date will receive a full refund (100%) of all payments made

Cancellations made less than 14 days before the rental date will be given the option to reschedule their rental for another date. Rescheduling is limited to one change per booking and must occur within 3 months of the original rental date. All rescheduled bookings are subject to availability.

If renter does not wish to reschedule, they will forfeit 50% of the total rental amount

15. CANCELLATION (BY COMPANY)

In rare cases, we may need to cancel due to:

Equipment issues

Safety concerns

Unforeseen circumstances

In these cases, you will receive:

Replacement Equipment, the option to reschedule, or a full refund

16. EARLY RETURNS/UNUSED EQUIPMENT

No refunds or credits will be given for:

Early returns

Unused items

Change of plans after delivery/setup

17. LATE RETURNS/EXTENDED RENTAL FEES

Rentals are due by or before 10 pm, the day of the scheduled pick-up. It is crucial that rentals are returned on time, to allow the Company to clean, inspect, and prepare the Equipment for the next rental.

There is a 30-minute grace period in which the renter will not accrue a late fee

Any Equipment dropped off after 10:30 pm will result in a $25.00 late fee, deducted from the security deposit

18. CLEANING POLICY

Equipment must be returned clean and dry

Excessive dirt, grass, food, water or debris may result in a cleaning fee of $25.00, deducted from the security deposit

19. RESPECT OF PROPERTY

Renter acknowledges that this business is operated at a private family residence. By visiting the premises for pickup, return, or any other purpose, Renter agrees to be respectful of the property, our family, and the surrounding environment.

Renter agrees to:

Treat the property with care and avoid any actions that may result in damage to the home, driveway, porch, landscaping, or other property. Renter accepts responsibility for any damage caused by themselves or their party

Refrain from smoking anywhere on the premises

Dispose of all trash properly and do not litter

Avoid the use of foul, abusive, or inappropriate language while on the property

Operate vehicles safely when entering and exiting the premises. Backing into the driveway is strongly recommended for safety and efficiency during Equipment loading

We strive to provide a safe and welcoming experience for all customers. Failure to follow these guidelines may result in additional fees, denial of service, or refusal of future rentals.

20. SEVERABILITY

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

21. GOVERNING LAW

This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.

22. AGREEMENT ACKNOWLEDGMENT

By checking the “I agree to the Terms and agreements” box at checkout, Renter acknowledges that they have read, understood, and agree to all terms and conditions outlined in this Agreement.

DELCO BACKYARD GAMES LLC
3739 Susan Lane
Brookhaven, PA 19015
[email protected]
484-423-0669