PAYMENT TERMS FOR FROZEN DRINK MACHINES, SHAVE ICE MACHINES, POPCORN MACHINES, COTTON CANDY MACHINE, and NACHO MACHINE RENTALS:

Baja Mamas Party Potions requires a $50 retainer to reserve a Frozen Drink Machine, Chocolate Fountain, Fondue Fountain, Shave Ice Machine, Popcorn Machine, Cotton Candy Machine, or Nacho 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 can also pay in full or we also arrange for a payment schedule.

If you are reserving a custom package or renting multiple machines, a deposit of half the amount on the invoice is required. We will call you to arrange for payment which can be paid either online or by phone.

The balance on all rentals above is due 5 days before the rental date).

FROZEN DRINK MACHINES

1 Gallon of Free drink mix is provided with your order. Any mixes that Baja Mamas leaves and that are used by the CLIENT will incur charges as stated below. CLIENT agrees to pay for the additional cost according to the ITEMS selected on your reservation order.

The customer must provide a 1.75 Liter Bottle of Alcohol. By law, we are not allowed to supply alcohol.

RESTRICTIONS FOR FROZEN DRINK MACHINES: 

Keep in mind you are responsible for any damage to the machine according to the terms and conditions outlined below.

1. Frozen Drink Machine must be located within 25 feet of a 115v dedicated 15 amp outlet in order to operate properly and without any other appliances close by. It is your responsibility to locate the proper outlet. 

2. Only a 12-gauge extension cord may be used if needed. Baja Mamas will provide one for you.

3. Only drink mixes provided by Baja Mamas may be used. If any other mixes are used, damage may occur to the machine.

4. Do not place the machine under direct sunlight, it must be in a shaded area if located outside.

5. If the temperature is over 85 degrees, please plan to have the machine located indoors.

6. Please have any alcohol ready when the delivery driver arrives. You’ll need a 1.75-liter bottle for the first batch. 

Our frozen machines are restaurant-grade quality and extremely heavy. If you’re hosting an event where the location of the delivery will be difficult, please contact us in advance prior to confirming your booking. The following are some examples:

1. Apartments other than the 1st floor will not be approved.
2. Locations with multiple steps or boats are subject to advance approval.
3. Gravel, stone, or hard-to-reach areas are subject to advance approval.

FEES

1. Same-day pickup is an additional $10-$40.00 charge.
2. Cancellations less than 20 days will be billed $50.00.
3. Missed scheduled pickups are accessed at $75.00.
4. Extended delivery zone fee range from $40.00 – $200.00

CLIENT must call during the first TWO (2) HOURS of the rental period if CLIENT has any questions about the operation of the equipment. The main office number is 520-901-0075. I understand that any problem with equipment must be reported when the problem occurs, not at the end of the rental period or in multiple-day rentals the problem still has to be reported at the time of the problem to give Baja Mamas the ability to correct the problem. In multiple-day rentals, if a problem causes nonuse of the machine for that day and it isn’t reported until the end of that day, Baja Mamas will not consider that a problem day.

Note: The CLIENT is responsible for the theft and any damage (physical damage or mechanical damage caused by physical damage) while in your possession. Under no circumstances will the CLIENT take apart or try to fix the machines and any damage that results from this action will be billed to the CLIENT of the machine. Baja Mamas will not be responsible for accidents or injuries resulting from the consumption of alcohol during or following the use of equipment or products provided by Baja Mamas. 

Important Notice: Damage of Mixing Jugs, Bar Caddy or Salt Rimmer will cost $20.00 each 

Important Notice: Damage of Margarita Machine will cost $2,000.00+

Important Information: 
Do NOT use extension cords (unless provided by Baja Mamas) 
Do Not disassemble ANY parts of the machine 
Do Not move the machine from the place of set-up. 
Do Not use any other mix that is not supplied by Baja Mamas 
Please turn off the machine when the machine is empty

If you are not available at the time of Delivery or Pick-Up there will be a $75 return trip fee (at pick-up, the machine must be accessible). You will be charged for any missing parts, mixing jugs, etc. 

What’s a 15 Amp 110 Volt Dedicated Circuit? The electricity is the most important variable that the client supplies, “110 Volt” refer to the electricity in standard outlets. “15 Amp” refers to the size of the breaker that turns the outlet on and off at your breaker box. Breakers are individually labeled with their amperage. “Dedicated Circuit” means that there are NOT other large electrical appliances or heavy amperage draw items (microwave, air conditioner, refrigerator etc.) on the same breaker. These items take away the electricity that the margarita machines need and could damage them, make them freeze slower, or not at all.

SHAVE ICE MACHINES

2 half-gallon flavors in your choice of traditional shave ice syrup, gourmet flavors or raspados. 50 servings are provided with your order. Any syrups or flavors that Baja Mamas leaves and that are used by the CLIENT will incur charges. CLIENT agrees to pay for the additional cost according to the ITEMS selected on your reservation order.

POPCORN MACHINES

1 popcorn and seasoning pack for 50 servings are provided with your order. Any packs that Baja Mamas leaves and that are used by the CLIENT will incur charges. CLIENT agrees to pay for the additional cost according to the ITEMS selected on your reservation order.

COTTON CANDY MACHINES

1 carton of cotton candy sugar and supplies for 50 servings are provided with your order. Any supplies that Baja Mamas leaves and that are used by the CLIENT will incur charges. CLIENT agrees to pay for the additional cost according to the ITEMS selected on your reservation order.

NACHO MACHINE RENTALS

1 bag of cheese and supplies for 40 servings are provided with your order. Any supplies that Baja Mamas leaves and that are used by the CLIENT will incur charges. CLIENT agrees to pay for the additional cost according to the ITEMS selected on your reservation order.

CHOCOLATE or FONDUE FOUNTAINS :

Baja Mamas Party Potions requires a $50 retainer to reserve a Chocolate/Fondue Fountain. To confirm this agreement, agree to these terms and conditions along with the $50 retainer within five (5) days online.

If you are reserving a custom package or renting multiple machines, a deposit of half the amount on the invoice is required. We will call you to arrange for payment which can be paid either online or by phone.

The balance is due no later than 5 days prior to the date of your event.

Three bags/6lbs of Chocolate is provided with your order. Any additional bags of chocolate that Baja Mamas leaves and that is used by the CLIENT will incur charges. CLIENT agrees to pay for the additional cost according to the ITEMS selected on your reservation order.

Requirements:

• Baja Mamas will require the Fountain Station to have a level table capable of holding all items to be consumed with the fountain. 
• One half-hour prior to the Event, access to the Chocolate Fountain Station area for set-up, and one-half hour after the Event for clean-up.
• One to two table linens, a grounded 120-volt power outlet within 8 feet of the table, and the Fountain Attendant must have the capability to work freely around the Fountain Station. For outdoor events, the CLIENT is responsible for wind precautions.
• The client will accept full responsibility and liability for any damages, injuries, delays, or inability to use the Chocolate Fountain if the above requirements are not met. 

Authority:

Only the person signing this contract can alter the Date and/or Times for Fountain Rental and Usage. Baja Mamas will attempt to fulfill a request on the Rental Date; however, there is no guarantee that extra Usage Time will be available. There is a fee for extra hours of Rental that are due and payable at the time of the request. 

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WE ACCEPT CASH AND MASTERCARD, VISA, DISCOVER, AND AMERICAN EXPRESS online. All customer information is 100% confidential. Reserve as early as possible to ensure availability. A valid credit card is required for a security deposit at the time of reservation. We accept cash, electronic checks, and credit cards only. Final payment is made the day we pick up the machine(s).

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 takedown 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 115-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 115-volt circuit within 25 feet of the desired set-up area that adheres to contemporary safety standards, and supplies at least 15 amps for frozen drink machines. It is the CLIENT’S responsibility to locate the 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 a machine not working properly otherwise. CLIENT will be charged the 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. If you take it any place other than the event location where the machine is set up, an additional charge of $40 will be applied, and additional charges may apply if the machine is damaged, broken, etc… According to our Terms and Conditions outlined in this contract.

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.

If for any reason the machine is not working properly, or there is a problem, you must call us immediately. One of our friendly team members will FIRST work with you over the phone to fix the problem. If the problem can’t be fixed over the phone, a team member will return to your location, to fix the problem. If you do not call us Baja Mamas Party Potions will not be liable and the Client will be charged the full amount regardless.

FROZEN DRINK MACHINE is NOT GUARANTEED TO WORK OUTDOORS IN TEMPERATURES OVER 85 DEGREES. Baja Mamas Party Potions will not be liable for a 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) are for the hours of your event with pickup the following morning. The machine(s) will be picked up the following day according to the time discussed with the CLIENT. If same-day pickup is required an additional charge of $10-$40 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. $3000 for Frozen Drink Machines, $300 for Chocolate Fountain, and $600 for Shave Ice Machine.

CLIENT shall not permit any repairs to the equipment without Baja Mamas Party Potions’ consent, and 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 the 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 the 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 the 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 canceled, except in writing, by either the Client or Baja Mamas Party Potions. If CLIENT cancels the rental reservation within 20 days of the agreed reservation date, an additional charge of $50.00 will be applied to CLIENT’S credit card or billed to the given address as stated in the reservation form. However, if you rent from us in the future we will take $25.00 off your rental. Cancellations made more than 20 days before the reserved date will not incur charges. CLIENT will hold harmless Baja Mamas Party Potions in the event of illness, injury, the act of God, or any other situation beyond the control of Baja Mamas that prevents Baja Mamas from performing in accordance with this contract.