TERMS AND CONDITIONS

AGREEMENT/JURISDICTION

The person(s) whose signature(s) appear on this contract, known as "Renter", agree that (Ocean Cape Rentals / John Brittin) known as "Lessor", shall provide rental services to the best of their abilities, in the manner described in this document.

This is a binding contract that incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties and physically attached to the original agreement. The renter assumes responsibility for all collection costs and legal fees incurred should enforcement of this contract is broken. RENTAL PERIOD The Rental Period shall be as set out in the order unless the contract is terminated earlier in accordance with these conditions.

(a) The Rental Period may be extended by mutual written agreement of both parties and the daily rate set out in the order shall apply to any extended Rental Period. (b) If the Rental Period has not been extended in accordance with the above clause and the Equipment is not returned to the Lessor, on the return date set out in the order, the Customer/Renter will be charged at the daily rate of ($100) until the Equipment has been returned to (Ocean Cape Rentals / John Brittin).

DELIVERY

(Ocean Cape Rentals / John Brittin) shall deliver the Equipment to the location set out in the agreement or such other location as the parties may agree at any time after (Ocean Cape Rentals / John Brittin) notifies the Customer that the Equipment is ready for delivery.

LIABILITY

If the Lessor or their agent (assistant) is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, accident, illness, or technical problems and they cannot provide another competent professional, all money received by Lessor, minus expenses, will be returned to Renter, and Lessor shall have no further liability with respect to this agreement.
A delay in transit shall not constitute grounds for a discount or refund. We will do our best to be flexible with providing alternatives where such a situation arises (Ocean Cape Rentals / John Brittin) is not responsible for damage or loss.
The limit of decorators liability shall not exceed the contract price of the total services rendered. If Renters or Renters guests permanently damage or steal Lessor's property (equipments), the client will then be charged the total replacement cost for each item.

WEATHER POLICY

We reserve the right to cancel any reservations due to severe or imminent deterioration of weather conditions.

PAYMENTS AND CANCELLATION POLICY

A non-refundable fee of up to 50% of the total amount is due at the time of booking, this payment is non-refundable and must be paid in order to secure your items for your event day. Final payment needs to be paid two weeks before the event day unless otherwise agreed upon. Payment can be made via cash, check (payable to Ocean Cape Rentals), Venmo, or Zelle.
For cancellations within one (1) month prior to the event, the entire amount of the contract is still owed to (Ocean Cape Rentals / John Brittin). The Lessor may terminate this agreement immediately upon the failure of the Renter to make rental payments when due, or upon Renters filling for protection from creditors in any court of competent jurisdiction.

EQUIPMENT

All rented equipment and decor are the property of (Ocean Cape Rentals / John Brittin) and must remain onsite at the setup space. The Client/Renter is responsible for all losses due to theft, vandalism, misuse, or damage of equipment caused by the Client or their guests.
In the event the equipment is damaged, misplaced, or stolen, the Client agrees to be billed for the repair or replacement cost of the item(s).
The Lessor does not provide any guarantee for the equipment leased, except that the (Ocean Cape Rentals / John Brittin) is obliged to replace the equipment with identical or similar equipment if the equipment cannot operate according to the specifications as per the operating instructions of the factory, excluding custom items. Replacement must be made as soon as possible after the Renter returns the non-conforming equipment.

LATE RETURNS

If the equipment is returned to the Lessor after the date and time that the rental period ends, the Renter agrees to pay the Lessor a charge of ($200) per day beyond the end of the rental period, until the Equipment is returned. The Owner is also allowed to subtract these charges from the security deposit (if applicable).

RECEIPT/INSPECTION OF RENTAL EQUIPMENT

Customer/Renter hires the Rental Equipment on an "as is" basis. Renter acknowledges that renter has inspected the installation of the rental equipment and will personally inspect the rental items prior to their use, and will read the rules/safety instructions prior to use.
Renter specifically agrees that such rental items will not be used if Lessor finds that it is not suitable for customer's needs. Renter acknowledges receipt of all items listed in this Rental Agreement, and that they are in good working order.

ACKNOWLEDGEMENT OF RESPONSIBILITY OF EQUIPMENT

I acknowledge that if any rented items or equipment are returned to (Ocean Cape Rentals / John Brittin) in a damaged or destroyed condition, or if any such items are not returned for any reason, I shall pay
(Ocean Cape Rentals / John Brittin) the full monetary value of the missing or damaged items in addition to the accrued total rental amount.

If an equipment is torn, broken, or damaged by unnecessary rough usage, unsupervised action(s), or by any means whatsoever, notwithstanding normal wear and tear, I agree to pay (Ocean Cape Rentals / John Brittin) the estimated costs of repair to such equipment

RESPONSIBILITY OF THE RENTER

During the term of this Agreement, the Customer/Renter agrees to:

(a) Keep the Equipment in good repair, condition, and appearance at all times during the Rental Period, and return it in the same condition as received, except for normal wear and tear. (b) Use the rented event decor supplies in a careful and proper manner and in accordance with any instructions provided by the rental company. (c) Ensure that the Equipment is only operated by competent individuals, who have been instructed on its safe operation according to the manufacturer’s operating manuals, instructions, and safety warnings (d) Obtain any required licenses, insurances or authorizations for the use, registration or handling of the Equipment, and ensure full compliance with all legal requirements. (Ocean Cape Rentals / John Brittin) reserves the right to request proof of such authorizations before the Rental Period commences. (e) Notify the rental company immediately in the event of any damage, loss or theft of the rented event decor supplies. (f) Return the Equipment at the end of the Rental Period or on earlier termination of this Agreement at such address as (Ocean Cape Rentals / John Brittin) requires, or if necessary, allow (Ocean Cape Rentals / John Brittin) or its representatives access to the site or any premises where the Equipment is located for the purpose of removing the Equipment.

INDEMNITY

The Customer/Renter agrees to indemnify and hold (Ocean Cape Rentals / John Brittin) and its directors, officers, employees and agents, harmless from and against all liability and expenses (including legal costs on a full indemnity basis) howsoever arising or incurred, in respect of:

(a) loss of or damage to property of the Customer whether owned, leased or hired, arising from, relating to or in connection with the performance or non-performance of the Contract; or (b) injury to, or death of any person employed or engaged by the Customer arising from, relating to, or in connection with the performance or non-performance of the Contract.

DAMAGE WAIVER

Damage Waiver is NOT INSURANCE. Renter is responsible for any loss or damage to the Equipment and for their return in the same condition in which they were received, except for ordinary wear and tear. By accepting the Damage Waiver, however, Lessor agrees to waive Lessor's right to recover from Renter the amount of loss of or damage to the Equipment while in Renter's possession except that Renter will be responsible for the first $100.00 on damage/replacement costs in those instances where the damage/replacement cost is greater than $500.00.
Renter agrees to immediately notify Lessor of any accident and promptly submit any applicable police reports. If Renter has applicable insurance, the Damage Waiver becomes secondary, and the Renter agrees to exercise all right available to the Renter under Renter's insurance coverage and assign all claims and proceeds from Renter's insurance coverage to Lessor. The damage waiver is optional at a fee of $50. 

Notwithstanding the foregoing, Lessor's liability for loss of, or damage to, the Equipment will not be waived in the following circumstances:

1. Any item or part thereof which is not returned, irrespective of the reason, including theft. 2. Careless or abusive operation or use of the Equipment. 3. Use or operation of the Equipment exceeding its rated capacity. 4. Damage resulting from failure to perform or pay for all normal periodic and other basic services and maintenance. 5. Loss or damage caused by dishonesty of Renter's employee or family member or wrongful conversion by any person whom Renter allows possessing the Equipment. 6 Operation or use of the Equipment in a manner inconsistent with the instructions of the Equipment manufacturer. 7. Damage resulting from vandalism, malicious mischief, or intentional abuse. 8. Damage to any accessories such as electric cords, fuel tanks, heating ducts, and similar items. 9. Damage resulting from overturning. 10. Damage resulting from self-pickup or return while in transit. 11. Damage resulting from use of the Equipment in violation of any terms of this Rental Contract.