ADDITIONAL TERMS AND CONDITIONS
In consideration of the hiring of that certain Rental Equipment described on the invoice page of this Rental Agreement and General Release and in addition to all the terms and condition set forth on the previous page of this agreement, the parties do further agree as follows:
3. Identity of parties: For the purposes of this Rental Agreement. Easy Events shall mean its officers, directors, staff, employees, contractors, agents, volunteers and “Customer” shall mean «customer» the person(s) or company listed in the “rented to” box on the invoice page of this agreement, as well as the person signing the
agreement (if different), and their agents and/or employees.
4. Equipment, Rent, Payment, and Term of Rental Agreement: Customer rents from Easy Events certain equipment described on the invoice page of this Agreement. The rental fee set forth is payable, in full, in advance, and the rental term shall be that listed as «date»: «start»-«end» on the invoice page of this Agreement, but all of Customer’s obligations arising under the terms and conditions of this Rental Agreement shall run from actual delivery of the Rental Equipment to the actual pick up of the Rental Equipment. When the Equipment is delivered by Easy Events and accepted by Customer, then Customer shall not be entitled to any refund whatsoever if Customer elects not to use the equipment due to weather or other causes.
5. Returned Check policy: If a check is returned to Easy Events for insufficient funds customer agrees to pay the total rental price as well as an additional $20.00 fee to Easy Events in cash immediately upon notice.
6. Weather: Easy Events cannot guarantee weather conditions, we reserve the right to cancel or reschedule your rental prior to delivery if severe weather conditions are imminent or if we have any reason to believe that the tent and/or its users may be in danger. Some examples of severe weather are high winds, excessive rain, snow, and lightening. The tent cannot be set-up in high winds (over 15mph) or taken down when wet. Therefore, it is generally best to schedule the set-up early in the day and tear-down in the early afternoon.
7. Delivery: EasyEventswilldeliverthe RentalEquipmentin an8’x12’enclosedtrailerto «address» specified by Customer as listed on the first page of this Agreement. Customer will ensure there is a parking area for the trailer andgrants to Easy Events true right to enterthe property at «address» for delivery and set-up. CCMRD staff
will pick up the Rental Equipment and any associated equipment or packing materials at the approximately specified times. At the time of pick-up an inventory of all items will be taken. Receipt/inspection of Rental
8. Equipment: Customer hiresthe RentalEquipment on an”asis” basis.Customer acknowledges thatCustomer will personally inspect the rental items prior to its use, and will read the operating/safety instructions prior to use. Customer specifically agrees that such rental items will not be used if Customer finds that it is not suitable for Customer’s needs.
9. Possession/Title: Customers right to possession of the Rental Equipment begins upon the items being delivered to Customer’s premises and terminates on the actual pick up by Easy Events. Retention of possession, or any failure to permit the pick-up of the item(s) at or after the end of the “Rental Period” specified constitutes a material breach of this Agreement. If the Equipment is not returned for any reason, including theft, the Customer is obligated to pay to Easy Events the full replacement value for such Equipment listed on the invoice page of this Agreement, plus all incidental costs associated with the attempted pick up or recovery of
the Equipment by Easy Events. Title to the rental items is and shall remain in Easy Events name. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of Easy Events delivery of the items, until Easy Events picks up such items. Customer shall not cause nor permit these items, or any of them, to be sublet, rented, sold, or removed from the Delivery Address, or otherwise transfer such items. If rental items are not returned and/or levied upon for any reason whatsoever, Easy Events may retake possession of said items without further notice or legal process and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnify, defend, and hold Easy Events harmless from all claims and costs arising from such retaking and/or levy. If rental items are levied upon, or otherwise moved from Delivery Address, Customer shall notify Easy Events immediately.
10. Care of the Rental Equipment: Customer shall be responsible for all damage to any of the Rental Equipment not caused by ordinary wear and tear. “Ordinary wear and tear” shall mean only the normal deterioration of the rental equipment caused by ordinary, reasonable and proper use of the rental equipment. Customer shall be liable to Easy Events for all damage which is not “ordinary wear and tear” in an amount equal to the replacement value of the rental equipment on the invoice page of this Agreement. Damage which is not “ordinary wear and tear” includes, but is not limited to, cutting or tearing of vinyl, bending/breaking of poles or stakes, damage due to overturning, overloading, exceeding rated capacities, breakage, improper use, abuse, lack of cleaning, contamination of or dirtying of rental equipment with non-approved items such as chemicals, non-approved food, paint, silly string (see Paragraph 12), mud, clay, or other materials. A 550.00 cleaning fee may be imposed if tables and chairs are not cleaned prior to being packed in the trailer.
11. Equipment Problems: Should any equipment develop a problem, or does not function correctly at any time, or Customer does not understand the operating Instructions. Customer agrees to immediately cease use of that equipment.
12. Limited Warranty: Easy Events warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered. All equipment is supplied and maintained subject solely to this warranty. Easy Events sole and exclusive obligations under this warranty is limited to repair or replacement of the rental equipment when Easy Events determines that it does not conform to this warranty, Easy Events makes no warranty of merchantability or fitness for any use or purpose, either expressed or implied. There is no warranty or representation that the rental equipment is fit for Customer’s intended use, or that it is free of latent defects. Easy Events shall not be responsible to Customer or to any third party for any loss, damage, or injury resulting from, or in any way attributable to the operation of, installation of, use of, or any failure of the rental equipment. Easy Events shall not be responsible for any defect or failure unknown to Easy Events at the time of delivery.
13. Cancellation Policy: Customer will receive a full refund of deposit with cancellation at least 2 days prior to reservation date «date». If customer cancels less than 2 days prior to reservation date «date» Easy Events may keep the rental fee but customer may apply it to a future rental within a 180-day period.
14. Compliance with Laws: Customer agrees not to use or allow anyone to use the rental equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his/her/their sole cost and expense to comply with all municipal, parish, state, federal or other governmental or quasi- governmental laws, ordinances and/or regulations which may apply to the use of the rental equipment during the rental period. Customer fmther agrees to pay all licenses, fines, fees, permits, or taxes arising from Customer’s use of the rental equipment, including any subsequently determined to be due. Customer is solely responsible for obtaining any/all permits and/or licenses from the appropriate government agencies prior to use.
15. Legal Fees: If an attorney is retained to enforce any provision of the Agreement, the prevailing pa1ty shall be entitled to recover reasonable attorney’s fees and comt costs in such action or proceeding, in an amount to be determined by the comt or arbitrator.
16. Customer Acknowledgment: Customer acknowledges and ce1tifies that they have had a sufficient oppmtunity to read this entire Agreement, and agree to be bound by all the terms and conditions on all pages and that they understand its content and that they execute it freely, intelligently and without duress of any kind.
17. Severability: If any of the terms or conditions of this Agreement are found to be unenforceable, illegal or unconscionable by a court of competent jurisdiction, such item shall be stricken from this Agreement, and the remaining terms and conditions of this Agreement shall stay infullforceandeffect.
18. Entire Agreement: ThisAgreement constitutes thefullagreement betweenEasyEventsand Customer.Any prior agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force or effect. Customer acknowledges the receipt of the Rental Equipment that is the subject of this Rental Agreement and General Release and the fact that is in good working order.