GENERAL TERMS AND CONDITIONS FOR THE RENTAL OF AND/OR PROVISION OF GOODS/SERVICES THROUGH ONE PARTY RENTAL™

Welcome to One Party Rental™! These Terms and Conditions (“Terms”) govern your access to and use of the One Party Rental™ platform, including our website, applications, and related services (collectively, the “Platform”). By using the Platform, you agree to these terms as a customer (“Customer”) or vendor (“Party Provider”), or both depending on your usage of the Platform.

1. Platform Overview

Whereas One Party Rental™ is a multi-vendor marketplace connecting Customers with local businesses and individuals offering party-related rentals and services – Party Providers. One Party Rental™ provides the Platform but does not own or control either Customer nor the Party Provider listings or services. Party Providers are responsible for their own offerings, customer service, fulfillment, as well as resolving any disputes that may arise from the provided goods or services with Customer.

2. User Eligibility

You agree as either a Customer or Party Provider that you are at least eighteen (18) years old and capable of entering into legally binding contracts, including this Agreement.

Party Providers further agree that they are individuals or businesses operating legally within their respective jurisdictions.

3. User Accounts

Registration: Customers and Party Providers must create an account to use certain features. All information must be accurate and kept up to date.

Security: Customer and Party, respectively, are responsible for maintaining the confidentiality of their login credentials.

Termination: One Party Rental™ reserves the right to suspend or terminate your account for violations of these Terms or applicable State or Federal laws.

4. Party Provider Responsibilities

By listing rentals or services on One Party Rental™, Party Provider agrees to:

• Provide accurate descriptions and pricing.
• Maintain timely communication with Customers.
• Deliver services as agreed and on time.
• Manage your own availability, delivery radius, and fulfillment guidelines.
• Use high-quality images and provide a reliable Customer experience.
• Comply with applicable local, state, and federal laws, including permits, safety regulations, and insurance requirements required for the rental or provision of goods or services to Customer. Party Provider agrees Platform will be covered by Party Provider’s insurance policies regarding provision of the events arranged hereunder.
• Abide by our onboarding process, including background checks when applicable.
• Party Provider agrees to provide One Party Rental™ with a current email address that will be used for communications, as well as made available to Customer.

5. Customer Responsibilities

By booking through One Party Rental™, Customer agrees to:

• Provide accurate event information and communicate with your Party Provider if changes occur.
• Treat Party Provider and their property with respect.
• Make timely payments and abide by cancellation policies.
• Leave honest reviews to help maintain platform quality.
• Customer agrees to provide One Party Rental™ with a current email address that will be used for communications, as well as made available to Party Provider

6. Payments

Customer will pay Platform a fifty percent (50%) deposit due at booking with the remaining fifty percent (50%) due within seven (7) calendar days before the event. Party Provider will be paid in full within five (5) days of the event. Party Provider payment will be based upon a percentage of the Listing Price, which is the price Party Provider charges without additional fees such as rush booking fees and delivery fees.

7. Refunds and Cancellations

A cancellation made ten (10) days or earlier before the scheduled day of the event will result in a full refund of the deposit and Customer will not be charged for the remainder of the deposit.

A cancellation made less than ten (10) days before the scheduled day of the event will be revived on a case-by-case basis by Platform and refunds will be made at the sole discretion of Platform.

One Party Rental™ is not liable for refunds unless due to a Platform error.

8. Image Usage and Content License

By uploading or sharing images through the Platform, Party Provider and Customer grant One Party Rental™ the right to use your photos for promotional and/or marketing purposes. Party Provider and Customer also agree that any media uploaded on a social or other media platform with the tag #onepartyrentalapproved is automatically herein approved for usage by Platform.

Party Provider and Customer, whomever uploads materials to the Platform, represents and warrants  that any material, regardless of content form and/or media, does not infringe in any way, directly or contributorily, upon any third party’s intellectual property rights, including without limitation, patents, copyrights, moral rights, trademarks, trade secrets, rights of publicity and proprietary information.

9. Intellectual Property & Trademark Guidelines

The name “One Party Rental™,” its related trademarks and branding, are the property of One Party Rental™. Neither Customer nor Party Provider may any One Party Rental™ branding, logo, or trade dress without express written permission from One Party Rental™.

All third-party trademarks used on the site are property of their respective owners and used for descriptive purposes only. Customer and Party Provider hereby agree that Platform may use their respective trademarks and/or branding elements with Platform promotional materials.

10. Prohibited Activities

Customer and Party Provider agree that the following activities are strictly prohibited under this agreement:

1. Engaging in any illegal or unethical conduct, such as but not limited to violation of any law or regulation;
2. Posting false, misleading, or infringing content on the Platform;
3. Any attempt to damage, interfere with, “hack” or otherwise impinge the Platform;
4. Using Customer or Party Providers information for personal gain or sharing it with unauthorized parties;
5. Committing any actions that could harm the reputation, assets, or interests of One Party Rental™ or the other party; and
6. Circumvent the Platform to transact off-Platform activities after being introduced by One Party Rental™.

11. Notices/Contact Information

All notices shall be in writing and addressed to the parties at the addresses set forth herein or to such other addresses for either party as that party may designate by written notice. All notices must be delivered by nationally recognized overnight courier, or certified or registered mail (in each case, return receipt requested).

For questions, support, or legal inquiries, contact:

One Party Rental™
P.O. Box 12307 Charleston SC 29412
PHONE: 843-259-2202
EMAIL: info@onepartyrental.com

12. Marketplace Disclaimers

One Party Rental™ acts solely as a facilitator. One Party Rental™ is not a party to any contract between Customer and Party Provider. Nor does One Party Rental™ facilitating an introduction render Customer and/or Party Provider an employee, partner, agent of, or joint venturer with One Party Rental for any purpose. One Party Rental™ shall not be responsible for withholding taxes with respect to either Customer or Party Provider. Neither Customer nor Party Provider shall have any claim against One Party Rental™, hereunder or otherwise, for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

One Party Rental™ does not guarantee the quality or safety of services or rentals offered. Nor does One Party Rental™ guarantee the quality or safety of any goods or materials offered or used. One Party Rental™ further does not guarantee the actual provision or supply of any materials for the event. All such interactions are between Customer and Party Provider.

All disputes must be resolved between Customer and Party Provider.

13. Limitation of Liability

IN NO EVENT SHALL PLATFORM OR ANY OF ITS REPRESENTATIVES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF:

1. WHETHER SUCH DAMAGES WERE FORESEEABLE;
2. WHETHER PLATFORM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
3. THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

ONE PARTY RENTAL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO One Party Rental™ PURSUANT TO THIS AGREEMENT FOR THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

Customer and/or Party Provider agrees to protect, defend, hold harmless, and indemnify (collectively “Indemnify” and “Indemnification”) One Party Rental™, its subsidiaries, and its and their respective successors, assigns, directors, officers, employees, agents, and affiliates (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses whether or not involving a claim by a third party, including but not limited to reasonable attorneys’ fees and costs (collectively, “Claims”), actually or allegedly, directly or indirectly, arising out of or related to:

1. any breach of any representation or warranty of Customer or Party Provider contained in this Agreement;
2. any breach or violation of any covenant or other obligation or duty of Customer or Party Provider under this Agreement or under applicable law;
3. any third party Claims which arise out of, relate to or result from any act or omission of Customer or Party Provider; and

in each case whether or not caused in whole or in part by the negligence of One Party Rental™ and whether or not the relevant Claim has merit.

15. Waiver

No waiver by Platform of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Platform. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement by Platform operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder by Platform precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege by Platform.

16. Confidential Information

All non-public, confidential, or proprietary information of Platform, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by Platform to Customer or Party Provider, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential" in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by Platform in writing. Upon Platform's request, Customer or Party Provider shall promptly return all documents and other materials received from Platform. Platform shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Customer or Party Provider at the time of disclosure; or (c) rightfully obtained by Customer or Party Provider on a non-confidential basis from a third party.

17. Force Majeure

Neither Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party's ("Impacted Party") reasonable control, including, the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake, epidemics, or pandemics; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) order or action by any governmental authority or requirements of law; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional emergency.

18. Assignment

Customer or Party Provider's rights, interests, or obligations hereunder may not be assigned, transferred, or delegated by Customer or Party Provider without the prior written consent of Platform. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer or Party Provider of any of its obligations under this Agreement.

19. No Third-Party Beneficiaries

This Agreement benefits solely the Parties to this Agreement. Nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

20. Severability

If any term or provision of this Agreement is determined to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

21. Modifications/Amendments

This Agreement may not be modified or amended except by an instrument in writing, signed by all parties to the Agreement.

22. Governing Law

This Agreement shall be governed, construed, interpreted and enforced in accordance with the substantive laws of the State of South Carolina, without giving effect to any principles of conflicts of law, whether of the State of South Carolina or any other jurisdiction, and where applicable, the laws of the United States, that would result in the application of the laws of any other jurisdiction. Each of the parties hereto agrees that any legal action or proceeding with respect to this Agreement shall be brought exclusively in the State Courts of South Carolina in Charleston County or Federal Courts of the United States of America for the District of South Carolina, unless the parties to any such action or dispute mutually agree to waive this provision. By execution and delivery of this Agreement, each of the parties hereto irrevocably consents to service of process out of any of the aforementioned courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, or by recognized express carrier or delivery service, to the applicable party at his, her or its address referred to herein. Each of the parties hereto irrevocably waives any objection which he, she or it may now or hereafter have to the laying of venue of any of the aforementioned actions or proceedings arising out of or in connection with this Agreement, or any related agreement, certificate or instrument referred to above, brought in the courts referred to above and hereby further irrevocably waives and agrees, to the fullest extent permitted by applicable law, not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in any inconvenient forum. Nothing herein shall affect the right of any party to serve process in any other manner permitted by law.

23. Termination

In addition to any remedies that may be provided under this Agreement, One Party Rental™ may terminate this Agreement with immediate effect upon written notice to Customer or Party Provider, if Customer or Party Provider:

1. fails to pay any amount when due under this Agreement and such failure continues for fifteen (15) days after Customer or Party Provider’s receipt of written notice of nonpayment;
2. has not otherwise performed or complied with this Agreement, in whole or in part; or
3. becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.

24. Warranties Disclaimer

 ONE PARTY RENTAL™ MAKES NO EXPRESS OR IMPLIED WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS OR SERVICES USED, PROVIDED, OR OFFERED BY PARTY PROVIDER AND/OR CUSTOMER, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. CUSTOMER AND/OR PARTY PROVIDER ACKNOWLEDGE THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY ONE PARTY RENTAL™, OR ANY OTHER INDIVIDUAL OR ENTITY ON ONE PARTY RENTAL’S BEHALF.

25. Execution

This Agreement may be executed in two or more counterparts, all of which when taken together shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party, it being understood that both parties need not sign the same counterpart.  In the event that any signature is delivered by facsimile transmission or by email delivery of a “pdf” format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or “pdf” signature page were an original thereof.