PAYMENT TERMS FOR FROZEN DRINK and SHAVE ICE MACHINES RENTALS: Baja Mamas Party Potions requires a $50 retainer to reserve a Frozen Drink Machine or Shave Ice Machine. To confirm this agreement, agree to these terms and conditions along with the $50 retainer within five (5) days either online or by regular mail. You may also fax the contract to 520.498.5044. The balance is due on the day we pick up the machine. There will be a $10 fee charged if payment is not available on the day we pickup the machine and continue every 30 days. We accept credit cards, cash, check or money order. All checks must be made payable to Baja Mamas Party Potions. There will be a $35 fee charged for all returned checks. PAYMENT TERMS FOR CHOCOLATE FOUNTAIN RENTALS: Baja Mamas Party Potions requires a $100 retainer to reserve a Chocolate Fountain. To confirm this agreement, agree to these terms and conditions along with the $100 retainer within five (5) days either online or by regular mail. You may also fax the contract to 520.498.5044. The balance is due no later than 14 days prior to the date of your event, and can be paid by credit card, cash, check or money order. All checks must be made payable to Baja Mamas Party Potions. There will be a $35 fee charged for all returned checks. PROVISIONS: Baja Mamas Party Potions requires access to the desired set-up area at least 60 minutes prior to the scheduled start time. In addition, 30 minutes are required after the conclusion of the service period for take down and removal. For our large chocolate fountains only: the Client is responsible for providing a sturdy, level table capable of supporting at least 150 lbs. Client is also responsible for providing two table linens that coordinate with the décor of the event. Baja Mamas Party Potions requires at least one 120-volt circuit within 10 feet of the desired set-up area that adheres to contemporary safety standards, and supplies at least 15 amps for chocolate fountains. At least one 120-volt circuit within 25 feet of the desired set-up area that adheres to contemporary safety standards, and supplies at least 20 amps for frozen drink machines. It is Client's responsibility to locate correct outlet before delivery of the machine. We will provide a heavy duty 12 gauge, 25 foot extension cord if needed. Baja Mamas Party Potions will not be liable for machine not working properly otherwise. Client will be charged full amount regardless.   Once the Baja Mamas Frozen Drink Machine or Chocolate Fountain has been set up at the desired location, it cannot be moved during the event. Client accepts full responsibility and is liable for any damages, injuries or delays that occur as a result of failure to comply with these provisions. Neither the Client nor any other person operating the equipment shall leave it unattended. Client is responsible for theft or damage to rented equipment under any circumstances, and has sole responsibility for proper and safe storage and protection of it while this contract is in effect. FROZEN DRINK MACHINE is NOT GUARANTEED TO WORK OUTDOORS IN TEMPERATURES OVER 95 DEGREES. Baja Mamas Party Potions will not be liable for machine not working properly if you insist on having the machine outdoors. Client will be charged full payment regardless. Frozen drink machine, chocolate fountain and shave ice machine rental(s) is for a period of 24 hours. Machine(s) will be picked up the following day according to time discussed with Client. If same day pickup is required an additional charge of $20 may apply. LIABILITY: This Agreement and the contents hereof represent the only warranties, express or implied, between the parties, including any implied warranty or merchantability or fitness for the particular purpose, and for any other obligation or liability on the part of Baja Mamas Party Potions. Failure, refusal or neglect by the CLIENT to allow the pick-up of rented equipment within 24 hours after the agreed rental period has expired, or the presenting of false or misleading identification to Baja Mamas Party Potions shall be Prima Facie evidence of intention to commit larceny. IF THE EQUIPMENT IS LOST, STOLEN, DESTROYED, OR OTHERWISE RENDERED UNFlT FOR NORMAL USAGE, CLIENT SHALL BE FULLY LIABLE FOR, AND AGREES TO PAY BAJA MAMAS PARTY POTIONS, IMMEDIATELY UPON DEMAND THE FULL REPLACEMENT COST FOR SAID EQUIPMENT, TOGETHER WITH INTEREST THEREON AT THE RATE OF EIGHTEEN PERCENT (18%) PER ANNUM COMPOUNDED DAILY, UNTIL SAID SUM IS PAID IN FULL TO BAJA MAMAS PARTY POTIONS.  Client shall not permit any repairs to the equipment without Baja Mamas Party Potions consent, and the Client will pay any and all unauthorized charges in connection with any repairs. Client will pay for all repairs and replacement resulting from causes inherent in the use to which the equipment is put. CLIENT SHALL INDEMNIFY AND HOLD BAJA MAMAS PARTY POTIONS HARMLESS from all fines, penalties, forfeitures and disabilities arising from use of the rented equipment and imposed by any federal, state, county and municipal statute and law or insurance policy provision. Client shall be liable for all damages to the rented equipment and for all other claims if Client uses, or permits its operation by an operator under the influence of drugs or alcohol or in violation of criminal statutes, or is grossly negligent in operation of the equipment or otherwise violates the terms of this rental agreement. Client shall immediately report any accident to Baja Mamas Party Potions and deliver to Baja Mamas Party Potions or its insurer, every process, pleading notice or paper of any kind received by Client or any operator of the equipment relating to any claim, suit or proceeding connected with any accident or event involving the equipment. Neither Client nor any operator of the equipment shall aid or abet the assertion of any such claim, suit or proceeding and shall cooperate fully with Baja Mamas Party Potions and its insurer in investigating and defending the same. Baja Mamas Party Potions shall not be liable for any injury, loss or damage directly or consequently arising out of the use or inability to use the Baja Mamas Frozen Drink Machine, Shave Ice Machine or Chocolate Fountain, whether used singly or in conjunction with any other equipment. Client will indemnify Baja Mamas Party Potions against, and hold Baja Mamas Party Potions harmless, from all claims, actions, proceedings, costs, damages and liabilities, including attorney fees, arising out of, connected with, or resulting from the use of the Baja Mamas Party Potions Frozen Drink Machine, Shave Ice or Chocolate Fountain. If suit is instituted by Baja Mamas Party Potions to recover possession of said equipment or to enforce any term of this agreement or to collect any sums of money, damages, or costs from Client herein, Client shall pay all costs and reasonable attorney's fees and collections costs incurred by Baja Mamas Party Potions in such suit or suits. CANCELLATION: This agreement can not be cancelled, except in writing, by either the Client or Baja Mamas Party Potions. If client cancels rental reservation within 14 days of agreed reservation date, an additional charge of $25.00 will be applied to client's credit card or billed to given address as stated in the reservation form. However, if you rent from us in the future we will take $25.00 off from your rental. Cancellations made more than 14 days before the reserved date will not incur charges. Client will hold harmless Baja Mamas Party Potions in the event of illness, injury, act of God, or any other situation beyond control of Baja Mamas that prevents Baja Mamas from performing in accordance with this contract.