ENTIRE AGREEMENT: This agreement is made effective for all purposes in all respects as of {todaysDate} by and between Arrowed Beginning Designs LLC. (DBA "Arrowed Beginnings"), a Georgia Corporation (hereinafter "ABD") and {mainContact} (one individual, hereinafter "Customer") relating to "The Event" as defined herein. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
TERMS AND CONDITIONS:
1. Safety/Operating Instructions: While ABD is providing a heavy-duty table and chair, arbor, bar, and spool table, misuse, abuse, or improper usage can result in structure failure. Customer agrees to ensure the proper use of the tables/chairs/arbor/bar/spool table (No standing on tables, chairs, bar, or spool table). Customer will keep and maintain safety rules for crowd control and to assume any and all risk of injury arising out of table/chair/bar/arbor/spool table failure due to improper use.
2. General Release/indemnity/hold harmless: I, {mainContact}, understand and acknowledge that the use of a table/chair/bar/arbor/spool table entails both known and unknown risks including, but not limited to, physical injury from falling, slipping, crashing or colliding, emotional injury, paralysis, distress, damage or death to any participant. I hereby voluntarily and expressly release, indemnify, forever discharge and hold harmless ABD from any and all liability, claims, demands, causes or rights of action whether personal to me or to a third party, which are in any way connected with participation in this activity, including those allegedly attributable to negligent acts or omissions. Should ABD or anyone acting on behalf of ABD be required to incur attorney's fees and costs to enforce this agreement, I expressly agree to indemnify and hold ABD harmless for all such fees and costs. In the event I, the undersigned, or any of my participants file a lawsuit against ABD, it is agreed to do so solely in the State of Georgia. I agree that if any portion of this agreement is found to be void or unenforceable the remaining portions shall remain in full force and effect. In consideration of being permitted by ABD to use its equipment, the undersigned and it participants agree to indemnify and hold harmless ABD from any and all claims which are brought by the undersigned and/or their participants and which are in any way connected with such use or participation.
3. Care of equipment: Customer will remove all food particles, stains, dirt, mud, debris, and tape from tables/chairs/bar/arbor/spool table to the best of their ability. Customer will report any damage to tables/chairs/bar/arbor/spool table, setting damaged items to the side for inspection by an ABD staff member. Customer shall be responsible for any and 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 ABD for any and all damage which is not "ordinary wear and tear" in an amount equal to the replacement value of the rental equipment. Damage which is not "ordinary wear and tear" includes, but is not limited to, cutting or tearing of vinyl/plastic/linens/wood, bending/breaking of poles or stakes, damage due to overturning, overloading, exceeding capacities, breakage, improper use, abuse, lack of cleaning, contamination of or dirtying of rental equipment.
4. Equipment, Rent, Payment, and Term of Rental Agreement: Customer rents from ABD certain equipment described on this Agreement. The rental fee set forth is payable, in full, in advance, at time of contract. 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 ABD 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: In the event that a check is returned to ABD for insufficient funds customer agrees to pay the total rental price as well as an additional $20.00 fee to ABD in cash immediately upon notice.
6. Unforseen circumstances clause: If ABD or its assigns, cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, sever traffic, fire, terrorism or other causes beyond the control of the parties, or due to ABD staff's illness, then ABD shall return any monies paid by the Customer, but shall have no further liability with respect to the Agreement.
7. Delivery: ABD will deliver the Rental Equipment in an 7’x18’ enclosed trailer to {eventAddress9} specified by Customer as listed at the beginning of this Agreement. Customer will ensure there is a parking area for the trailer and grants to ABD true right to enter the property at {eventAddress9} for delivery and set-up. ABD 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.
8. Receipt/inspection of Rental Equipment/Items: Customer hires the Rental Equipment on an "as is" basis. Customer acknowledges that Customer will personally inspect the rental items prior to its use. ABD has made considerable efforts to ensure the accurate display of the colors of linen on our website. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitors display of any color will be accurate.
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 ABD. 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. In the event that the Equipment is not returned for any reason, including theft, the Customer is obligated to pay to ABD the full replacement value for such Equipment, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by ABD. Title to the rental items is and shall remain in ABD name. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of ABD delivery of the items, until ABD 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, ABD 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 ABD harmless from any and 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 ABD immediately.
10. Equipment Problems: Should any equipment develop a problem, or does not function correctly at anytime, or Customer does not understand the operating Instructions. Customer agrees to immediately cease use of that equipment.
11. Limited Warranty: ABD 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. ABD sole and exclusive obligations under this warranty is limited to repair or replacement of the rental equipment when ABD determines that it does not conform to this warranty. ABD makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. There is no warranty or representation that the rental equipment is fit for Customer's particular intended use, or that it is free of latent defects. ABD shall not be responsible to Customer or to any third party for any loss, damage, or injury resulting from, or in anyway attributable to the operation of, installation of, use of, or any failure of the rental equipment. ABD shall not be responsible for any defect or failure unknown to ABD at the time of delivery.
12. Cancellation Policy: Cancellation fee of 25% of total will be withheld from your initial payment if reservation is cancelled 30 or more days prior to delivery date. A fee of 50% will be withheld if cancelled 15-29 days prior to delivery date, and 100% of all rental fees are non-refundable if cancelled 14 days or less prior to delivery date. Canceled events less than 14 days of reservation date {eventDate8} must be re-scheduled within 30 days of cancellation in order to re-apply contract amount, but are subject to availabilty.
13. 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 further 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.
14. Legal Fees: In the event that an attorney is retained to enforce any provision of the Agreement, the prevailing party 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 or arbitrator.
15. Customer Acknowledgment: Customer acknowledges and certifies that they have had a sufficient opportunity 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.
16. 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 in full force and effect.
I, {mainContact} , HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THEM. I FURTHER WARRANT AND REPRESENT THAT I AM THE CUSTOMER AND AM AUTHORIZED AND EMPOWERED TO ACCEPT DELIVERY OF THE EQUIPMENT AND TO SIGN THIS AGREEMENT.