CONTRACT - TERMS & CONDITIONS
1. RESPONSIBILITY FOR USE AND DISCLAIMER OF WARRANTIES:
Customer will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage. Customer agrees to hold harmless Dover Tents & Events (hereafter DTE) from and against any and all liability, claims, judgements, attorneys' fees and costs, of every kind and nature, including, but not limited, to injuries or death to persons and damage to property, arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the items rented, however caused, except claims or litigation arising through the sole negligence or willful misconduct of DTE.
2. ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY
Customer is fully aware and acknowledges there is a risk of injury or damage arising out of the use or operation of the items rented hereunder and hereby elects to voluntarily confirm this rental contract and assume all the inherent risks of injury or damage. Customer agrees to release and discharge DTE from any and all responsibility or liability from such injury or damage arising out of the misuse or operation of the rental items; and customer further agrees to waive, release and discharge any and all claims for injury or damage against DTE which customer otherwise may be entitled to assert.
3. THEFT OF RENTAL ITEMS
The Customer agrees to pay for rental items [at replacement cost when rented] for all types of theft or mysterious disappearance or willful damage. Damage waiver does not cover theft or willful destruction.
4. RETAKING OF RENTAL ITEMS
If it becomes necessary for DTE to retake the rental items, Customer authorizes DTE to retake the rental items without further notice or further legal process and agrees that DTE shall not be liable for any claims for damage or trespass arising out of the removal of the rental items.
5. LEGAL FEES
In the event an attorney is retained to enforce any provision of this Rental Contract, the prevailing party in the dispute shall be entitled to recover reasonable attorney's fees and court costs in such action, or proceeding, in an amount to be determined by the court.
6. RESERVING EQUIPMENT
Quotes and proposals do not guarantee availability of rental equipment. Equipment and items will be reserved only upon receipt of a signed rental contract with a minimum 30% deposit applied to items rented, as well as a reservation deposit, which will be held through the rental period and refunded upon return of all items. All reserved equipment is subject to a cancellation fee.
7. DAMAGE WAIVER
Protects renter from paying for replacement cost due to ACCIDENTAL damage to rental inventory while in customer's possession. Damage Waiver does not protect renter from damages to rental inventory due to negligance. A non-refundable damage waiver of 10 percent will be added to all DTE rental orders, unless otherwise stated. Damage waiver may be declined if customer can provide DTE with a Certificate of Insurance which proves physical damage coverage on the rental inventory will be covered, as well as, listing DTE as Additional Insured. Damage waiver coverage does not cover missing rental items.
8. FINAL PAYMENT
Client must provide DTE with a final count for rental items 10 days prior to event. Full payment is due before delivery. An order is considered to be complete 5 days prior to Event Date. A $$ surcharge may be added to your contract each time a completed order is changed/adjusted. Charges for missing or damaged equipment not covered under the Damage Waiver may be charged to your Credit card.
9. SAFETY/SITE PREPARATION
Customer will inform DTE of the existence of any private underground utilities (electric, gas, water, septic, etc.) or conditions that may interfere with the ability to stake and/or anchor equipment. Customer assumes all responsibilities for all damage to underground equipment in the absence of such notice. DTE will contact "Miss Utility" (an underground utility marking coordinator) to mark up to the meter lines they own. They do not mark private utilities. (Customer should contact Underground Locating Services at 877-856-9626 to have private underground lines marked prior to time of tent installation) Please be sure
your site is ready before the crew arrives (lawns mowed, vehicles out of the way, gates unlocked, animals free from the area of install, etc.).
10. ON-SITE TECHNICIAN
Customer may retain the services of a DTE employee during an event. Additional charges will apply for this service. This service must be arranged ahead of time in order to accommodate.
11. DELIVERY/PICK-UP SERVICE
Delivery service is available on all orders regardless of size (based on availability). All fees are based on tailgate delivery and charged based on geographic location. Additional delivery charges will occur for 2nd floor or higher delivery locations, excessive distance for delivery and pick up of inventory, specific delivery and pick up times, and after-hours delivery and pickup. Delivery fees quoted may change after site inspection. All items will be delivered and picked up at a designated location. The customer should be available to count all items upon delivery and pick up, otherwise the counts will be considered accurate. Orders are typically delivered 1-4 days in advance of your event while pick-ups occur 1-4 days following your event. Responsibility for equipment remains with the customer from the time of delivery to the time of pick up. Please be sure all equipment is secured when not in use and protected from the weather.
12. CLEAN UP/PREPARATION FOR PICK UP
All floral arrangements, trash, and decorations of any kind should be removed from tent before scheduled pick up time. All chairs and tables should be stacked and/or re-bagged as delivered. All dishes, glassware and cooking equipment should be returned to proper rack or container and assembled in a single location for pick up. Dishes, glassware and flatware must be well-rinsed and food/particle free. Stoves, ovens and grills must be returned clean. Linens should be shaken out, dry, food and particle free and placed in protective bag. It is customers responsibility to have rental items available for pick-up. If we cannot access items during pick-up, it will be the customers responsibility to return items to avoid replacement fee for missing items.
13. WEATHER/TENTS (if applicable)
Customer understands that tents are temporary structures, designed to provide limited protection from weather conditions, primarily sun and moderate rain. However, there may be situations, particularly those involving strong winds and lightning, in which the tents will not provide protection and may even be damaged or blown over. Evacuation of tents to avoid possible injury is recommended when severe weather threatens the area where the tent is erected. Please refer to your TENT EMERGENCY FORM. For an additional charge, DTE can provide the services of a staff member on site during your event to assist with weather assessment and evacuation if necessary. If onsite technician services are not arranged, customer assumes responsibility to be aware of changing weather conditions and to exercise their best judgement regarding the evacuation of the tent(s). The DTE emergency contact numbers are available to provide assistance to customers after normal office hours and available on our after-hours answering machine message. Customer agrees that in the event of a predicted or actual storm or excessive winds, DTE may dismantle any equipment that has been previously installed to ensure safety of all involved.
14. ADDITIONAL CHARGES
Tenting permits may be required. For your event, the customer is responsible for obtaining all permits and applicable fees.
Additional charges may apply if:
(a) The site is not ready or accessible when crew arrives.
(b) The tent and/or rented equipment is not ready for prearranged pick up.
(c) Delivery or pick up is from any location other than ground level.
(d) All chairs and tables are not stacked and/or bagged as delivered for pick up.
(e) Food service items are not rinsed free of food.
(f) Any equipment (stoves, grills, ovens, fryers) is returned dirty.
(g) Customer requires pick up before or after normal business hours.
(h) Site requires custom tent installations (i.e. asphalt, decks, immovable obstructions, etc.).
(i) Cooking is prohibited in or near tents. Cleaning charges will be applied.
(j) Tables are returned with tape, staples or tacks applied.
(K) Location for delivery is any location other than off the back of the delivery truck. Truck to Site labor fee can be added on upon delivery/pick up if arrangements were not made in advance to move rental items to a different location.
15. COLLECTION COSTS
Customer agrees to pay attorney fees, collection fees, court costs or any expense incurred in collecting any charges under this contract, in retaking the rental items, or otherwise in enforcing the terms of this contract.
16. FORCE MAJEURE
Except with respect to payment obligations under this Agreement, no party shall be liable for, nor shall such party be considered in breach of this Agreement due to, any failure to perform its obligations under this Agreement as a result of a cause beyond its control, including any act of God or a public enemy or terrorist, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm, epidemic, pandemic, or other like event, disruption or outage of communications, power or other utility, labor problem, unavailability of supplies, or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by such party with reasonable care (each, a "Force Majeure Event"). If Force Majeure is enforced by either party with written notification, any monies paid except the initial 50% payment will be refundable and contract can either be cancelled in its entirety or a new future date can be chosen agreeable to both parties.