(c) The Rental Package and Rental Delivery shall collectively be referred to as “Rental Services.”
2. Cost of Rental & Payment Plan.
(a) Cost: Client agrees to pay the Total Cost of the Rental Package (the “Total Cost”) and adhere to the attached payment plan, incorporated by reference in Exhibit A.
3. Fees and Add-On Services.
(a) Failure to Pay. If the Client fails or refuses to adhere to the Payment Plan, Client will be in breach of contract and Company has the right to refuse Rental Services. If Company refuses to provide the Rental as a result of Client’s breach, Company’s refusal to provide Rental Services shall not constitute a breach of contract by the Company.
(b) Late Fees. If payment is not received by installment due date, within five (5) days of the due date, a ten-percent (10%) late fee will be assessed to the installment payment amount.
(c) Additional Charges. Additional charges may apply if: (1) the event location is not ready or accessible when Company arrives to deliver the Rental, (2) the Rental is not ready for prearranged pick-up, (3) delivery or pick up of the Rental is different from the contracted location, or (4) the Client requires delivery or pick up before or after normal business hours.
(d) Mileage/Travel Reimbursement. First (20) miles is free delivery. Client agrees to reimburse Company at $25.00 for travel between twenty (20) miles to (60) sixty miles outside Harrison Township city limits. Anything over 60 miles is at the discretion of Company.
(e) Add-On Services. If the CLIENT requests to supplement the Event Services with the purchase of Add-on Services offered by the COMPANY, and the COMPANY agrees and is able to fulfill such request, the Add-on Services shall be billed to the COUPLE at the agreed rates between the Parties. All Add-On Services must be paid in-full prior to services being rendered.
(f) Rescheduling Fee. In the event Client needs to reschedule Event they will be given a onetime courtesy to change the date based on Company availiblity . If the client needs to reschedule again Client shall be required to pay $50.00 rescheduling fee per reschedule.
4. Client Responsibilities: The most rewarding event experiences occur when both Client and Company work together with clear responsibilities and open communication. In order to provide a seamless experience, Company must have the full and timely cooperation of Client. With this in mind, Client or an authorized agent of Client shall:
(a) communicate with Company via [telephone, e-mail, video conference] in a timely manner;
(b) inspect the Rental upon arrival and ensure it is suitable for their intended needs;
(c) assume responsibility for all items rented from Company from the Delivery Time/Pick Up until returned to Company;
(d) notify Company of any changes to the expected number of items needed in Section 1, at least 31 days prior to the Event or as soon as Client learns of the need for additional rental items; and
(e) in the event of Company delivery of rental items, facilitate communication between Client’s on-site agent (e.g., venue coordinator, planner, or designated person) concerning Company’s need to access the venue for delivery and pick up.
(f) Client will be responsible for all costs that pertain to the use of the facilities or venues used for the Event. Client will be responsible for the payment of any additional charges imposed by such facilities or venues, including but not limited to [installation charges for any materials or equipment. Client will be responsible for all in house labor and/or equipment required by the venue, including, but not limited to [rigging and security], unless specified otherwise in writing.
(g) Client is responsible for the activities that take place at the Event and for conduct of its employees, guests, invitees, and/or agents at the Event. COMPANY reserves the right to terminate all Services during the Event if the COMPANY’S employees, contractors and/or agents reasonably believe they are threatened or if any activities that may arise during the Event would place them in risk of any unreasonable danger or peril.
5. Terms. This Agreement shall be effective on the Effective Date and shall continue until return of the rental property unless terminated sooner in accordance with the terms of this Agreement.
6. Changes to Contract or Cancellations
(a) Changes to this Agreement. Any changes made to this Agreement must be made in writing and signed by all parties. You may cancel this agreement, in writing, for any reason, however no refund of monies paid, except the Security Deposit, will be issued.
(b) Cancellation. If Client cancels this Agreement within 120 days or less from the date of your wedding or event, [but for the death of a member of your immediate family,]Client understands that no refund will be issued for payments received as of the date of cancellation. If the Event Date changes, Company will provide Rental Services only if the new date is not already booked.
(c) Safety Clause and Interference Clause. Client is responsible for the activities that take place at the Event and for the conduct of its employees, guests, invitees, and/or agents (“Guests”) in attendance. Company reserves the right to terminate ALL Services during the Event if Company employees, contractors and/or agents (“Staff”) reasonably believe they are threatened or are placed at risk of injury, whether physical or verbal, by Client or Guests. Company also reserves the right to terminate ALL services if Client or Guests interfere with delivery of the Rental. Company may bring their concerns to the attention of the Client prior to termination but are not required to do so prior to termination if Staff are in immediate danger.
7. Refunds. There will be NO REFUNDS for unused items or incorrect items ordered. If possible, Company may substitute new rental items for undesired rental items if available. Client understands that they will be responsible for all necessary costs.
8. Replacement of Malfunctioning Equipment. If equipment becomes unsafe or in disrepair, Client agrees to discontinue use AND notify Company. Company will replace the Rental with a similar rental in good working order, if available. OPTIONAL. If Company cannot find a suitable replacement, Company shall provide a [FULL/PARTIAL] refund for the rental item, at Company’s sole discretion.]
(a) Liquidated Damages. Client is responsible for the cost of replacement of any property or items lost, stolen, damaged or destroyed by Client, its employees, guests, invitees, or agents (“Guests”) at the Event. Client is not responsible for damage to any property caused by the negligence or willful misconduct of Company or its contractors, agents, workers, employees, or associates (“Company Staff”). In the event of damage of destruction, Company has the right to keep all or a portion of the Security Deposit to cover the cost to replace or repair the damaged rental items.
(b) Client is responsible for timely return of all items in original condition. If Client is late returning items, Company has the right to keep all or a portion of the Security Deposit to cover the cost of lost profits or lost business as a result of the late return.
9. Inclement Weather and Acts of God. Neither party shall be liable for delay or failure in the performance of its obligations under this Agreement, except for the payment of money, if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, inclement weather, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, or labor disputes. Each party shall use reasonable efforts to notify the other party of the occurrence of such an event within three (3) business days of its occurrence.
10. Impossibility of Performance. Neither party to this Agreement shall be deemed to be in violation of this Agreement if it is prevented from performing any of its obligations hereunder for any reason beyond its control and without fault, including without limitation, acts of God or of the public enemy, man-made disaster, flood or storm, pandemic, strikes or statutory regulation or rule of any federal, state, or local government, or any agency thereof, however, the Party so delayed shall exercise its best efforts to remedy any such cause of delay or cause preventing performance.
11. Relationship of the Parties. The Company and Company Staff are providing the Rental and any associated services on behalf of the Client as an independent contractor and not employees of Client. Nothing in this Agreement shall be construed as creating a joint venture relationships, partnership, agency, or employment relationship between the Parties or between one party and the other party’s employees or agents.
12. Governing Law and Venue. This Agreement will be governed by the laws of Michigan The Parties submit to the jurisdiction of and hereby agree that any action arising out of this Agreement or the Services will be brought solely under the relevant courts located in any state or federal court located in [COUNTY NAME, STATE].THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
13. Attorney’s Fees. If legal action arises out of this Agreement, the winning party will be reimbursed for all costs of defending or prosecuting the action, including, but not limited to, all court or arbitration costs, mediation costs and reasonable attorney’s fees.
or
[Attorney’s Fees. If legal action arises out of this Agreement, each party will be responsible for their own legal fees including, but not limited to, all costs of defending or prosecuting the action, all court or arbitration costs, mediation costs and reasonable attorney’s fees.]
14. Severability. If any clause or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining clauses or portions shall remain in full force and effect.
15. No Assignments and Loans of the Rental. This Agreement allows use of the Rental and associated services by Client for the intended purpose on the contracted date and time. Client may not sublease, assign or loan the Rental to others for use. If Client does sublease, assign or loan the Rental to someone else, the attempted assignment will not be honored by the Company.
16. Waiver. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of either party to enforce any clause of this Agreement shall not be construed as a waiver or modification of such clause, or impairment of its right to enforce such clause thereafter.
17. Entire Agreement; Modification. This Agreement, including any subsequent invoices, is the entire agreement between the Parties concerning the subject matter. This agreement shall replace any previous oral or written agreements between the Parties. The Parties have the right and mental capacity to enter this Agreement of their own free will. Changes to this Agreement may only occur in writing signed by the Parties or their authorized representatives.
If you agree with the terms of this Agreement, please sign and immediately pay your installment payment along with your Security Deposit.