Event Rental Terms and Conditions
EVENT RENTAL TERMS AND CONDITIONS
This event rental agreement (“Agreement”), by and between Harlin & Sparrow Events, LLC, a California Limited Liability company (the “Company”) doing business as “The Copper Rose” and the party identified on the signature page of the Agreement (the “Renter”) for the rental property as further described in the purchase order attached above (the “Purchase Order”), and sent in conjunction with this Agreement (the “Property”) is subject to the terms and conditions set forth herein.
PAYMENT, PAST DUE CHARGES AND TAXES:
The Renter agrees to pay fifty percent (50%) (the “Deposit”) of all sums owed for rentals, and, if applicable, for any delivery and pickup fees upon execution of this Agreement, and fifty percent (50%) seven (7) business days before the order is scheduled to leave the Company’s warehouse. Except for the Deposit which may be returned to the Renter upon cancellation of no less than seven (7) days written notice prior to the scheduled pickup or delivery date, all payments made under this Agreement are non- refundable. Any amounts due under this Agreement upon which payment is not received shall accrue late fees equal to the lesser of (i) five percent (5%) per month or (ii) the highest rate allowable by law, in each case compounded monthly to the extent allowable by law. In the event the Renter’s account becomes seriously delinquent, the Company will have no choice but to resort to collection proceedings and the Renter agrees to be responsible for the Company’s attorney’s fees and costs incurred in those proceedings. The Renter agrees to pay and be solely responsible for any and all taxes, including but not limited to all sales and use taxes, which arise out of or in connection with this Agreement.
USE AND OWNERSHIP:
The Renter agrees that the Property will be used only for the time period and at the location designated on the Purchase Order, and solely in the manner for which the Property is made and intended. The Renter acknowledges that it will obtain all necessary license, permits, authorizations or approvals necessary for proper use of the Property and if necessary, shall comply with all labor and union related rules and regulations to ensure proper compliance. Except with respect to any property in which Company rents from one or more parties and then re-rents to the Renter, the Company owns and will retain title to all Property. The Renter may not transfer, sublease or assign the Property without the express written consent of the Company.
INSPECTION AND RECEIPT OF PROPERTY:
The Renter acknowledges that they had the opportunity to inspect the Property and confirmed it is good and suitable condition at the time of delivery or pick up. The Renter agrees to acknowledge receipt of the Property and that the Property is in good working condition suitable for the Renter’s use. The Renter has been given the opportunity to review any instructions, users’ manuals and maintenance requirements (if any) as it relates to the Property prior to use and has been given an opportunity to ask questions of the Company.
For any order designated for will call, the Renter is responsible for all damage incurred to the Property and Renter’s property, including but not limited to the Renter’s vehicle(s), as a result of the Company or the Renter loading and unloading the Property to and from the Renter’s vehicle per the Renter’s request.
DELIVERY AND SET-UP:
Due to liability concerns, and to ensure the Renter’s personal property is handled with the appropriate care, the Company shall not move or adjust the Renter’s personal property, including but not limited to the Renter’s property located at the delivery or pickup location. The Renter agrees to have the delivery site for the Property free and clear of any obstacles prior to the delivery of the Property by the Company. Standard Delivery (No Assistance With Setup) A standard delivery (with no setup) will be made to the closest point that the Company vehicle can park. Extra charges will result in deliveries to other floors, that require elevator use, or to any location where extra time and labor is required. For avoidance of doubt, the Company is not responsible to either set up the Property or take down the Property, except when specified within a Purchase Order.
Delivery With Setup
For Purchase Orders in which the Renter has hired the Company to setup and breakdown during delivery and pickup, the Renter shall provide the Company with 3D schematic designs of the event layout no less than ten (10) days prior to the delivery date. Failure to provide the 3D schematic designs of the event ten (10) days prior to the delivery date may result in additional charges. Extra charges will result in deliveries to other floors, that require elevator use, or to any location where extra time and labor is required. If additional setup beyond the agreed upon scheduled time is required, arrangements should be made with the Company at least ten (10) business days prior to delivery.
DAMAGED OR MALFUNCTIONING PROPERTY:
In the event the Property fails for any reason, the Renter shall discontinue use and notifying the Company immediately. The Renter acknowledges that under no circumstances is the Renter authorized to incur any expenses on the Company’s account for the repair or the replacement of the property.
The Renter assumes all weather-related risks involved with the use of the Property and hosting an event. If any items are damaged due to weather, including but not limited to any unexpected elements, replacement or repair costs will be incurred.
NO WARRANTIES: THE COMPANY MAKES NO WARRANTIES OF ANY KIND.
THE COMPANY IS NOT THE MANUFACTURER OR DESIGNER OF ANY ITEMS INCLUDED WITH THE PROPERTY AND ALL SUCH PROPERTY IS PROVIDED “AS IS.” THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESS OR IMPLIED. THERE IS NO WARRANTY THAT THE PROPERTY IS SUITED FOR THE RENTER’S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS, AND ANY AND ALL SUCH WARRANTIES ARE EXPRESSLY WAIVED BY THE RENTER. THE COMPANY IS NOT RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY DELAYS OR OTHERWISE, AND THE RENTER HEREBY WAIVES ANY RIGHT OR ENTITLEMENT THERETO.
The Renter agrees to indemnify and hold the Company, its officers, directors, employees and agents harmless for any and all liability of any nature whatsoever arising out of or associated with the use, maintenance, and/or return of the Property including but not limited to injury, death or damage to third parties or property including any and all attorney’s fees and costs associated with any claims arising from such damages. The Renter agrees, in the event of theft, collision or other accident involving the Property, to provide a copy of any police report prepared in connection with the incident.
RETURN OF PROPERTY AND STORAGE:
The Renter agrees to return the Property to the place designated by the Company at the time and date of the scheduled pickup or return (the “Return Date”). Any modification to the Return Date requires the Company’s prior written approval and shall be subject to additional fees and charges. Anything left behind which is attached to, or left in, the Property after the Renter returns the Property will become Company property if not retrieved within five (5) business days after such return. Between the time of delivery and/or pick-up and the return of the Property the Renter agrees to provide a secure and dry storage location for rented items and accepts all risk until the Property is returned to the
Company and loaded onto a Company truck.
If the Renter fails to comply with any provision of this Agreement which includes any terms listed within a Purchase Order, provides incorrect or misleading information, becomes insolvent, or dies and/or ceases to do business, or if any Property shall be lost or stolen, the Company will be entitled without notice or liability to (i) terminate this Agreement, (ii) seek relief from any automatic stay, (iii) recover the Property without being guilty of trespass or other transgression and, (iv) perform obligations on the Renters behalf or pursue any other rights and remedies available hereunder, or at law. The Renter agrees that the Company may use all means or force as necessary to repossess its Property and the Renter waives, on behalf of itself and its agents or employees, any and all claims for damages caused by the Company’s repossession of the Property. The Renter agrees to pay any and all costs and expenses associated with the Company’s repossession of its Property and the sums due by the Renter under this Agreement, including but not limited to reasonable attorneys’ fees.
If and only if, the Company has offered, and the Renter has elected to purchase the Optional Damage Waiver (attached as Exhibit A if made available), and paid the twelve percent (12%) referenced within the Optional Damage Waiver upon execution of this Agreement, the Renter will have limited liability for damage caused during use of the Property. Absent the Optional Damage Waiver, the Renter shall be liable for all damages to or loss of the Property and the Renter agrees to pay all additional charges for necessary cleaning and repair upon return, including but not limited to (i) candles removed from lanterns and votive holders, (ii) table top(s) packed with foam sheets in between each table top and in proper crates, and (iii) all furniture to
be re-covered at end of event. In the event the Property is lost or significantly damaged, the Renter will pay the Company the full cost of replacement or repair of the lost or damaged Property, as determined by the Company. The Renter may be responsible or extra charges for labor or delays due to Property damage.
THE COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNT(S) PAID BY THE RENTER UNDER THE PURCHASE ORDER ATTACHED TO THIS AGREEMENT.
The Renter agrees to maintain all insurance that the Company deems necessary, but in any event, at least liability insurance covered with minimum limits of at least $1,000,000 per occurrence, and property damage covering all Property for the full replacement value thereof.
The Renter agrees that this Agreement and all matters and issues shall be construed according to the laws of the State of California. The Renter agrees that the Superior Court of Sonoma County shall have exclusive jurisdiction and shall be the exclusive venue for any and all controversies and claims arising out of or relating to this Agreement or a breach thereof.
OPTIONAL DAMAGE WAIVER
A twelve percent (12%) damage waiver may be included on all Purchase Orders. It is a one-time charge per each Purchase order to cover the Renter against any accidental damage and avoid extra charges.
The Optional Damage Waiver covers rental items that are worn or damaged through normal use. Renters are generally responsible for all costs and expenses arising relating to any loss, theft, damage to or destruction of rented item(s) regardless of whether the Renter was at fault. Any items that are lost or not returned will incur a replacement charge of the total cost of the item and shall not be covered by this Optional Damage Waiver. The Optional Damage Waiver is enforced for the same duration as the rental period under the applicable Purchase Order.
This Optional Damage Waiver is not insurance and is not a warranty. The Optional Damage Waiver shall not replace the Renter’s obligation to obtain insurance pursuant to the terms of the Event Rental Terms and Conditions. The Optional Damage Waiver is optional, and the Renter has the right to decline the Damage Waiver but will be held liable for damages that occur (for further details, please see “Liability” on the Event Rental Terms and Conditions)
Examples of items covered under this Optional Damage Waiver: Broken glasses, chipped plates, minor damage to furniture fabric, paint chips, minor dents or divots to metal pieces, food and drink stains.
Examples of items not covered under this Optional Damage Waiver: Any item not returned (including crates and racks), excessive amounts of breakage (negligence), water damage (including items left out in the rain or sprinklers), stains due to using colored material or crepe paper in contact with the rental Property. Items broken or damaged by vandalism (deliberate destruction), negligence, exposure to hazardous materials or extreme weather conditions.
The Optional Damage Waiver fee will only be returned to the Renter provided the Renter upon cancellation of no less than seven (7) days written notice prior to the scheduled pickup or delivery date.