MOBILE MINI GOLF RENTAL AGREEMENT
Montgomery & Co., LLC d/b/a Pop-Up ParTee
This Rental Agreement (“Agreement”) is entered into by and between Montgomery & Co., LLC, a Pennsylvania limited liability company d/b/a Pop-Up ParTee (“Company”), and the undersigned (“Customer”) as of the Date of Agreement (as defined below). The Company and Customer are collectively referred to herein as the “Parties” and individually as a “Party.” This Agreement sets forth the terms and conditions under which the Company shall provide mobile mini golf rental services to the Customer.
Customer Selections and Event Details: The specific event details, including but not limited to the number of holes, rental duration, event date and location, setup and teardown times, primary contact information, rental fee, and payment method, are set forth in the invoice and quote (collectively, the “Invoice”) provided to the Customer. The Invoice is hereby incorporated into and made a part of this Agreement. In the event of any inconsistency or conflict between the terms of this Agreement and the invoice, the terms of the Invoice shall govern and control.
Rental Services: The Company agrees to rent to the Customer, and the Customer agrees to rent from the Company, a mobile mini golf course consisting of three (3), six (6), or nine (9) holes, along with all ancillary equipment (collectively, the “Course”) for a period of four (4) hours, eight (8) hours, or such custom duration as may be separately agreed to in writing by the Parties at the time of booking.
Fees and Payment: Customer shall pay the full rental fee at the time of booking. The reservation shall not be deemed confirmed until the payment is received and processed by the Company. Accepted forms of payment include credit card, cash, or check. The Company uses Square, a point of-sale platform owned and operated by Block, Inc., for all credit card transactions. Customer must have a valid form of payment on file with the Company for the duration of the rental period. All payments are subject to the terms of the cancellation policy of the Company (described herein).
Equipment Delivery, Assembly, and Removal: Customer shall confirm final delivery and setup details with the Company no later than forty-eight (48) hours prior to the event start time. Delivery and setup shall occur approximately one (1) to three (3) hours prior to the event start time. Pickup and teardown shall occur within three (3) hours following the scheduled end time of the rental period. The individual who made the reservation, or another representative designated by mutual agreement, must be present at the time of delivery. Setup shall be completed by the Company and is included in the rental fee. The mini golf course must be placed on a level surface with adequate lighting and may be installed on grass, concrete, or asphalt.
Site Preparation and Access: Customer shall ensure the installation area is accessible and free from obstructions, including but not limited to lawn debris, animal waste, and landscaping hazards. Any setup involving more than ten (10) steps, distances exceeding fifty (50) yards from the delivery vehicle, or access requiring stairs, steep inclines, elevators, or other obstructions must be disclosed to the Company no less than forty-eight (48) hours prior to delivery. Additional labor fees may apply for non-standard delivery conditions. If Customer fails to disclose such conditions, the Company 1 reserves the right to cancel the delivery and charge applicable delivery and cancellation fees. Customer is solely responsible for any third-party access or permit fees.
Damage and Liability; Insurance: Customer shall be liable for any damage to the Course beyond normal wear and tear. If a mini golf hole is damaged, the Customer shall be responsible for a replacement fee of four hundred dollars ($400.00) per hole. “Damage” shall include, without limitation, water damage, structural breakage, or staining that impairs the functionality or aesthetic of the Course. Customer shall indemnify and hold harmless the Company from any claims, liabilities, damages, or injuries arising out of or related to the use, misuse, or placement of the Course, including without limitation those arising from the negligence or alleged negligence of the Company. Customer shall ensure that its home/business insurance or other insurance adequately covers the use or misuse of the Course, and such insurance shall be primary if any claims are made as a result of the use or misuse of the Course.
Customer shall ensure the Course is returned in clean and orderly condition. If, in the sole discretion of the Company, the Course is returned with excessive dirt, debris, or residue requiring special cleaning beyond standard maintenance, the Company reserves the right to charge a cleaning fee of up to one hundred fifty dollars ($150.00), which may be billed to the Customer after the event.
Time Overages: Customer agrees that if the event exceeds the contracted rental period, the Customer shall pay an overage fee of one hundred dollars ($100.00) per hour. If the delay results in pickup occurring outside of normal business hours, an additional charge of two hundred dollars ($200.00) per hour shall apply. Time overages shall not be prorated by the minute and will be charged in full-hour increments.
Cancellation Policy: The following cancellation schedule and policy shall apply to all rentals: • Cancellations made more than two (2) months prior to the event date shall be eligible for a full refund. • Cancellations made between one (1) and two (2) months prior to the event date shall be eligible for a full refund, less a cancellation fee of fifty dollars ($50.00). • Cancellations made between three (3) weeks and one (1) month prior to the event date shall be eligible for a full refund, less a cancellation fee of one hundred dollars ($100.00). • Cancellations made between two (2) and three (3) weeks prior to the event date shall be eligible for a full refund, less a cancellation fee of one hundred fifty dollars ($150.00). • Cancellations made between one (1) and two (2) weeks prior to the event date shall not be eligible for any refund.. In the event of inclement weather that, in the sole discretion of the Company, prevents the setup of the mobile mini golf course, the Company will issue a full refund to the Customer. The Company will monitor the weather forecast in advance of each outdoor rental and may cancel a rental if necessary to prevent damage to equipment. If weather conditions result in cancellation and a refund, the Company shall have no obligation to proceed with delivery or setup even if conditions improve thereafter.
Force Majeure: The Company shall not be held liable for any delay or failure in performance of its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, severe weather, war, terrorism, labor disputes, epidemics, pandemics, governmental orders or restrictions, or any other event beyond the Company’s control. In such cases, the Company will make reasonable efforts to reschedule the rental. If rescheduling is not feasible, the Company may issue a full or partial refund at its sole discretion, and such refund shall constitute the Customer’s sole remedy.
Modifications: Requests for additional products, extended rental time, or other modifications made on the day of the event may be accommodated subject to availability and shall be billed at the time of request at the Company’s then-current rates. The Company reserves the right to decline any modifications not agreed to in advance.
Entire Agreement: This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, communications, or agreements, whether written or oral. Any amendment to this Agreement must be in writing and signed by both Parties. This Agreement may be executed electronically and in counterparts. Electronic signatures, including those executed via online booking or email confirmation, shall be deemed valid and binding with the same legal effect as an original signature.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any disputes arising out of or related to this Agreement shall be resolved in Cumberland County, Pennsylvania, and each Party consents to the exclusive jurisdiction of such courts.
Acknowledgment and Authorization: By signing below, the Customer acknowledges that they have read, understood, and agree to be bound by all terms and conditions set forth in this Agreement. The individual signing on behalf of the Customer affirms that they are at least eighteen (18) years of age and, if executing this Agreement on behalf of a business entity or organization, that they have full authority to do so and to bind such entity to the terms of this Agreement.
