CONTRACT - TERMS & CONDITIONS
1. INDEMNITY/HOLD HARMLESS. 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 RENTAL CENTER FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, JUDGMENTS, 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 RENTAL CENTER.
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 ENTER INTO THIS RENTAL AGREEMENT AND ASSUME ALL OF THE ABOVE RISKS OF INJURY OR DAMAGE. CUSTOMER AGREES TO RELEASE AND DISCHARGE RENTAL CENTER FROM ANY AND ALL RESPONSIBILITY OR LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE RENTAL ITEMS; AND CUSTOMER FURTHER AGREES TO WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS FOR INJURY OR DAMAGE AGAINST RENTAL CENTER WHICH CUSTOMER OTHERWISE MAY BE ENTITLED TO ASSERT.
3. THEFT OF RENTAL ITEMS. The Customer agrees to pay for rental items [at its replacement cost when rented] for all types of theft or mysterious disappearance. Damage Waiver does not cover theft.
4. RETAKING OF RENTAL ITEMS. If for any reason it becomes necessary for Rental Center to retake the rental items, Customer authorizes rental center to retake the rental items without further notice or further legal process and agrees that Rental Center 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 Agreement, 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. NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of Rental Center to insist upon strict performance by Customer as regards any provision of this Rental Agreement shall not be interpreted as a waiver of Rental Center's right to demand strict compliance with all other provisions of this Rental Agreement against Customer or any other person. The provisions of this Rental Agreement shall be severable so that the unenforceability, invalidity or waiver of any provision shall not effect any other provision.
7. 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 and a 35% NON-REFUNDABLE deposit (cash, check or credit card). All reserved equipment is subject to a 50% cancellation fee. All checks require approval by an automated instant check guarantee system. A portion of the reservation deposit will be held through the rental period and refunded upon return of all items.
8. DAMAGE WAIVER. For security against damaged items, a non-refundable damage waiver of 10 percent will be added to all Event Division orders. Damage waiver can be declined if customer can provide Tents & Events with a certificate of insurance which proves physical damage coverage on the rental inventory, listing Tents & Events as additional insured.
9. FINAL PAYMENT. Client must provide Tents & Events with a final count 10 days prior to event. Full payment is due on or before delivery. An order is considered complete 5 days prior to Event Date. A $$ surcharge may be added to your account each time a completed order is changed.
10. SAFETY. You, the Client will inform Tents & Events of the existence of any underground utilities (electric, gas, water, septic, etc.) or conditions that may interfere with the ability to stake and/or anchor equipment. Client assumes all responsibilities for all damage to underground equipment in the absence of such notice. Tents & Events will contact "Miss Utility" (an underground utility marking coordinator) to mark up to the meter lines that they own). They do not mark private utilities. (Contact Underground Locating Services at 877-856-9626.)
11. SITE PREPARATION. Be sure your site is ready before the crew arrives (i.e., lawns mowed, vehicles out of the way, gates unlocked, etc.).
12. ON-SITE SERVICE. Client may retain the services of a Tents & Events employee during an event. Additional charges apply for this service.
13. DELIVERY/PICK UP SERVICES. Delivery service is available on all orders regardless of size. All fees are based on tailgate delivery and charged by 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 pick up. Delivery fees quoted may change after site inspection. All items will be delivered and picked up at a designated location. The client should be available to count all items upon delivery and pick up, otherwise the counts will be considered accurate. Orders are typically delivered 1-3 days in advance of your event while pick ups occur 1-2 days following your event. Responsibility for equipment remains with the client 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.
14. 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 as delivered. All dishes, glassware and cooking equipment should be returned to proper rack or container and assembled at a single location for pick up. Dishes, glasses and flatware must be well rinsed and food and particle free. Stoves, ovens and grills must be returned clean. Linens should also be food and particle free and be shaken out and put into protective bags.
15. WEATHER. Client understands that tents are temporary structures designed to provide limited protection from weather conditions, primarily sun and 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. People must leave the tents and not seek shelter in tents during such conditions. Because it may be difficult to determine if the weather is severe enough to necessitate evacuation, it is best to err on the side of caution. In other words, if in doubt, evacuate. Tents & Events will make the services of one of its staff available on site during the event for an additional charge to assist with weather assessment and evacuation if necessary. If client declines those services, client understands that it is client's responsibility to be aware of changing weather conditions and to exercise its best
judgment with regard to the evacuation of the tents. Client should become thoroughly familiar with evacuation procedures whether or not they decide to retain the services of a Tents & Events staff member during the event. The Tents & Events cell phone numbers are available to provide assistance to clients. Client agrees that in the event of a predicted or actual storm or excessive winds, Tents & Events may dismantle any
equipment that has been previously installed to ensure safety of all involved. ADDITIONAL CHARGES. Tents permits may be required. For your event, customer is responsible for all permits and fees. Additional charges may apply if:
(a) The site is not ready or accessible when the crew arrives.
(b) The tent and 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 bagged as delivered for pick up.
(e) Food service items are not rinsed food free.
(f) All additional equipment (stoves, grills, ovens, etc.) is left dirty.
(g) Customer requires pick ups before or after normal business hours.
(h) Site requires custom tent installations (i.e., on 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. Be sure all equipment is returned according to these TERMS AND CONDITIONS. The client is solely responsible for any additional charges incurred as a result of failure to meet these conditions. All collection fees, attorney fees, court costs, or any expense involved in the collection of rental charges will be client's responsibility.