Rental Agreement
By engaging in business with Grand Event Rental, the customer has read, acknowledged, and agreed to the following:
For the purpose of this Rental Agreement:
- Grand Event Rental (GRAND) shall mean the Rental Company, its owners, officers, directors, and employees;
- Customer(s) shall mean Customers, guests/visitors of the customer, and their agents, contractors, and/or employees.
- Rental Agreement shall mean the itemized list of items contained in the electronic estimate or invoice emailed or faxed to the Customer, who, by virtue of having signed the estimate or invoice and/or paid an advance deposit or in full, expresses his or her agreement with the contents of the Estimate or Invoice.
- Rental Center shall mean Grand Event Rental’s showroom, warehouse, or any other facility owned or leased by Grand Event Rental where the storage, maintenance, or transfer of its equipment occurs.
In reference to leasing the rental item(s) / equipment described in the Rental Agreement, it is agreed as follows:
1. PAYMENT - QUOTES AND RENTAL AGREEMENTS
Rental equipment is only guaranteed with a Rental Agreement. A deposit and signed Rental Agreement must be made before a Rental Agreement is valid, and equipment or services are reserved. Payment may be made by credit/debit card, check, or cash.
EQUIPMENT RESERVATION AND PAYMENT
A 50%
deposit is required to reserve equipment. Full payment is due seven (7) days prior to the earliest receipt of goods or services.
TENT RESERVATION POLICY
A 50%
nonrefundable
tent
deposit
is
due
at
the
time
of
reservation. The full payment is charged seven (7) business days prior to delivery. The tent deposit is 50% of the frame and canopy cost.
CREDIT CARD AUTHORIZATION
The Customer authorizes GRAND to make charges for any order balance(s), missing equipment, fees, etc.
2. CANCELLATIONS/SUBTRACTION/SUBSTITUTION
Cancellations, subtractions, or substitutions of tents,
tent accessories, and linens must be made at least 30
days
prior to the delivery or customer pick-up date. Cancellations, subtractions, or substitutions of all other items must be made 14
days
before the delivery or customer pick-up date. Items that are canceled, subtracted, or substituted after the specified dates may incur a restocking charge of up to 100%.
3. RESTOCKING
The Customer understands and acknowledges that orders are prepared for delivery or customer pickup before the delivery or customer pickup date. As part of the Rental Agreement, any order cancellations, subtractions, and/or substitutions made after the above-stated policy may incur a restocking charge of up to 100% to the customer.
4. POSSESSION/TITLE
GRAND agrees to reserve all items listed in the Rental Agreement on behalf of the Customer only after the following have been received from the Customer.
- A deposit equal to 50% of the total cost specified in the Rental Agreement (or other amount determined at the sole discretion of GRAND)
- A signed & dated Rental Agreement; OR
- Customer Acknowledgement agreeing to the Rental Agreement (during online checkout and or acceptance of a quote).
The remaining balance of the rental agreement must be paid seven (7) days before delivery unless GRAND specifies otherwise. If this obligation is not met, GRAND reserves the right to either cancel the order without refunding the initial 50% deposit or to apply late-payment charges equal to the highest APR permitted by applicable Nevada/California law.
Customer’s right to possession of the rental items:
- Is for a 3-day period. Equipment returned after regular business hours on the third day will be charged for an additional 3-day rental period.
- Begins when the rental items leave the possession of GRAND in the care of the customer or when the customer accepts the delivery, even if not present at the time of delivery.
- In the absence of the renter, the equipment may be accepted by an individual designated by the renter. This individual is automatically given the legal right by the renter to accept liability for the equipment on the renter’s behalf.
- The rental agreement terminates once GRAND has regained possession of the rental equipment.
- Any extension of the agreement must be agreed upon by GRAND in writing.
- Title of the rental items shall, at all times, remain with GRAND.
The Customer authorizes GRAND to retake possession of the rental items at any time, without notice or legal process, regardless of whether the equipment is on private property.
5. CUSTOMER PICK UP AND RETURN
- Customers may pay C.O.D. However, once the rental agreement is entered into, the customer guarantees payment for the reserved equipment.
- GRAND will reserve will-call/pick-up orders. If the customer fails to pick up their will-call order on the specified date, GRAND may re-rent the equipment, or if the equipment goes unrented, GRAND MAY STILL COLLECT A MINIMUM OF 50% FROM THE CUSTOMER.
- Responsibility for customer-pick-up rental items remains with the customer from when they leave the GRAND until they are returned.
- The Customer is responsible for loading, unloading, and securing items within his or her vehicle and for any damage or injury they may suffer during those operations.
- GRAND might assist the customer in loading; in doing so, GRAND is not to be held liable for accidents, damages, or injuries due to improper loading, even if GRAND provides loading assistance.
- Items returned after the return date specified in the Rental Agreement will incur additional fees to be determined by GRAND.
6. DELIVERY/PICK UP
Delivery is made to the closest point a delivery vehicle can park. Deliveries made going up or down stairs, by elevator, or to any point where extra time is involved (more than 50' from truck parking or on a non-cartable surface) may result in additional fees. Our service does not include the setup and teardown of tables and chairs. If this service is required, arrangements should be made seven (7) days before delivery, with a special charge quoted. If no arrangements are made, and this service is desired on delivery, our driver must call for authorization. If time permits, we will try to accommodate the customer once a price has been quoted. Upon pickup, if the equipment is not torn down and placed at the delivery site, additional labor and/or pickup charges will be incurred if rescheduling is required. Please Note: Chairs and or tables are to be restacked on carts as received at delivery. The Customer is responsible for storing carts during rental.
7. DELIVERY CHARGES
- Minimum delivery charges are based on one (1) to four (4) hour delivery windows with “non-same-day” pick-ups. Same-day and/or late-evening pickups can be arranged for an additional charge.
- Customers should be present for their entire delivery window. GRAND will grant a 30-minute waiting period, after which the customer will be charged for the waiting time at up to $100.00 per hour, billed in 30-minute increments.
- Orders will only be eligible for delivery if the cost of the equipment, excluding delivery and labor, meets our current minimum. This price may vary throughout the season. Please call for our current minimums to qualify for delivery.
- GRAND offers setup/breakdown services of equipment for additional charges.
- “Curbside delivery” is defined as:
- Delivery to a ground-level location on a flat, hard surface within 50 feet of the nearest loading area, with no steps or obstructions.
- GRAND will stack items neatly and securely with reasonable access for the Customer;
- All equipment must be re-stacked and made ready for pick up by the Customer in the same manner in which it was delivered;
- There will be a minimum four-hour window for both delivery and pickup (unless otherwise arranged in writing with GRAND). GRAND may assess additional charges at a rate of up to $100 per hour when delivery conditions cause GRAND to incur additional labor costs, including, but not limited to:
- deliveries impeded by stairs, elevators, steep or uneven surfaces, standing water, mud, or soft surfaces like sand or loose gravel;
- deliveries that involve waiting times of more than 30 minutes;
- customer requires a precise (within 30 minutes) delivery or pickup time;
- last-minute or rush deliveries or pickups; and/or
- Inaccurate delivery locations or directions supplied by the Customer.
- Chairs and tables can be set up and arranged to the Customer’s predetermined specification for a charge. Setup is mandatory and carries separate setup charges for items such as Chiavari chairs, dance floors, stages, and tents. If setup is requested, then GRAND will perform one (1) setup. After the initial setup is complete, GRAND may apply the aforementioned excessive labor charges or leave the premises without performing additional labor.
- If the renter is unavailable, GRAND may opt to either set up in a manner deemed appropriate by our staff, or we may opt to leave the equipment curbside. In such instances, no refunds will be given, and the customer accepts liability for any losses and damages that may happen to equipment left unsupervised for any reason, including acts of God.
8. EQUIPMENT USAGE AND RETURN
All tableware, such as plates, glassware, and flatware, must be rinsed reasonably free of any food debris. If the Customer fails to do so, then GRAND will charge a cleaning fee of 10% of the item rental cost. Additionally, the Customer is responsible for any loss or damage to rental items, regardless of cause or fault, including acts of God, and GRAND has one week after retaking possession of or receiving the rented merchandise to assess its condition and determine whether damage occurred while it was in the renter's possession.
In such instances, unless a damage waiver covers the items in question, the Customer agrees to pay GRAND for:
- All labor costs associated with the repair and/or attempted repair of damaged equipment
- Replacement equipment (if necessary)
- Replacement of equipment directly related to the standard quality and functionality of the damaged equipment
- All shipping or delivery fees associated with replacing or repairing damaged equipment.
9. SECURITY DEPOSIT
A rental might require a security deposit. A security deposit is held to cover anticipated damage or missing items during normal use. The security deposit does not cover the repair or replacement costs of items misused, mishandled, or otherwise abused (for example, a chair breaks when used as a step stool). GRAND determines the amount, which is usually 10% of the total or item cost, and may be withheld for reasonably accidental damage to the equipment incurred during normal use. Additional replacement charges will be assessed for any equipment lost, stolen, abused, or intentionally damaged by the customer. Responsibility for the equipment remains with the Customer from possession until return. The Customer is responsible for ensuring equipment is secure when not in use and is protected from weather and irrigation/sprinkler equipment. Broken equipment must be returned to GRAND.
Instances of when the Security Deposit is not refunded:
Breakage: Requires the return of broken item(s).
Damage: All equipment damaged through regular use, such as table scratches, dishware chips, glassware cracks, etc. Linens: Stains or soiling from food and drink caused by normal use.
Dish/Glass: With the return of the broken items.
Tents: All physical damage to tents due to hail, rain, excessive snow, and wind.
Instances of when additional charges may be assessed in excess of the Security Deposit:
Missing items: Damaged items must be returned.
Abuse, theft, vandalism, or other dishonest acts towards rental items. Water damage caused by rain, sprinklers, or failure to protect equipment.
Mysterious disappearance, theft, conversion, or other dishonest act on the part of any person to whom the rented equipment is entrusted or any person or persons in the service or employment of the Lessee, whether or not occurring during hours of such service or employment.
Linens: wax, burn holes, ink stains, tears, mildew, and excessive soiling of linen that does not constitute normal use.
Tents: damage not caused by weather, such as rips and tears from sharp implements, excessive tape, paint, or any other human-caused damage. Damage caused by excessive snow loads.
10. UNSAFE CONDITIONS
GRAND reserves the right to refuse to install or deliver rental equipment due to unsafe conditions or weather. If this occurs, the Customer will be liable for at least 50% of the total cost specified in the Rental Agreement. In the absence of unsafe weather or other conditions, GRAND will use all appropriate means and methods to secure the rental equipment for the Customer's and the equipment's safety.
GRAND is not responsible for underground utilities and charges for time out, whether the equipment is used or not. If the Customer grants permission to stake anything into the ground at their desired location, then it is the Customer's sole responsibility to check for underground utilities and water mains.
11. MEASURING EVENT AREA
- GRAND provides on-site estimates whenever possible. Additional travel fees may be required for certain site visits.
- Planning and measuring are ultimately the responsibility of the Customer. If poor planning results in improperly measured areas for the placement of canopies, stages, dance floors, etc., preventing us from completing the job, no refunds will be issued, and the Customer will pay GRAND in full.
- GRAND will not be held liable for any planning not performed by our staff.
- The Customer is responsible for locating and pointing out underground utilities, such as irrigation, water mains, gas, electrical, and sewage lines.
12. PERMITS AND LICENSES
Customers shall, at their own expense and prior to the installation of the equipment, provide all necessary permits, licenses, and other consents, unless GRAND agrees to provide the required permits, as indicated by listing the item and applicable costs on the completed rental order.
13. FORCE MAJEURE (exclusion from liability for failure to perform)
A rental is not a contract to perform or a requirement to perform, and GRAND is not liable for failure to perform or for emotional distress. The following includes, but is not limited to, instances when GRAND may be unable to perform. In a situation when GRAND might not be able to perform, GRAND will attempt to create a reasonable solution and provide written or verbal notice to the customer. The customer is responsible for reasonably working with GRAND to resolve issues when reasonably possible.
WEATHER-RELATED RISKS
Rentals and Deliveries: The customer assumes all risks related to weather. This includes customer pickup and customer return, and GRAND delivery and pickup due to, but not limited to, high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond GRAND’s control; the customer shall still be liable for payment in full of all charges.
Tenting: The customer holds the risks associated with having an outdoor tented event. GRAND will endeavor to minimize said risk; however, should the tenting become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond GRAND’s control, the customer shall still be liable for payment in full of all charges.
TIMING
The customer assumes all timing-related risks. This includes customer pickup and customer return, and GRAND delivery and pickup. GRAND will attempt to accommodate a customer request to perform per a specific schedule or timeframe – this is not a guarantee. GRAND only provides timing estimates, not a guarantee, and is not liable for any assistance provided by giving a time estimate. GRAND encourages customers to schedule extra time. In most cases, GRAND will accommodate a reasonable extension of the rental timeframe at no cost. GRAND strives to exceed every customer's expectation, but does not intend to offer or provide rentals as a guarantee.
OTHER POSSIBLE RISKS (not limited to the following)
Natural disasters (floods, storms, earthquakes), acts of war, terrorism, civil unrest, government actions, regulations, emergencies, labor disputes, strikes, lockouts, fires, or other casualties.
14. PREPARATION OF SITE
The Customer agrees to have the site upon which the equipment is to be erected, free and clear of all obstacles, natural and man-made, before GRAND’s work crew arrives. The Customer further agrees to have all tent areas cleared for removal before our arrival. All non-rented equipment and decorations shall be removed and taken from the site. If the Customer fails to do so, then the Customer shall pay a wait time charge if the driver and crew spend more than 15 minutes waiting to unload/load equipment. Wait time is $30 per crew member for every 15 minutes thereafter.
15. UNDERGROUND UTILITIES
The Customer agrees that all underground utilities near the tent equipment installation will be clearly marked before GRAND’s work crews arrive. The Customer assumes full responsibility for damage to all underground utilities, i.e., underground watering systems, water lines, etc.
16. ELECTRIC POWER AND LIGHTING
The Customer agrees to furnish GRAND access to and the right to use the Customer’s electrical and power source to install and operate the rented equipment.
17. FLOORS AND SURFACES
GRAND will not be held responsible for any damage that may occur due to the placement of rental equipment on any surface, including but not limited to hardwood floors, outdoor decks, concrete pads, sports courts, etc.
18. REPLACEMENT OF MALFUNCTIONING EQUIPMENT
If equipment becomes unsafe or in disrepair, the customer agrees to discontinue its use and notify GRAND immediately. GRAND will repair or replace the equipment with similar equipment in good working order if available and if the defect results from normal use. GRAND is not responsible for any incidental or consequential damages caused by delays or otherwise, and the customer hereby waives any right or entitlement thereto. If GRAND replaces the equipment and, upon testing the original equipment, discovers that it is in good working order, additional charges may apply for delivery of the replacement equipment.
19. TENT MATERIAL
All tents are subject to stretching and retracting of up to 5% of the listed sizes, and although all tents have been saturated with a waterproofing compound, no tent is guaranteed to be completely waterproof and is considered to be a temporary structure.
20. COOKING OR HEATING SOURCES UNDER TENTS
The Customer agrees not to cook or use a heating source under or within a reasonable distance of the tent. The Customer assumes full responsibility for costs incurred for damage and or cleaning expenses due to cooking or heating processes under or near tents. PATIO HEATERS ARE NOT PERMITTED FOR USE TINDER OR NEAR TENTS per fire code.
21. LINENS
Table linens are inspected prior to release to the customer and upon receipt from the customer. If there is obvious damage, such as mildew, excessive stains, burns, or tears, the customer will be charged the replacement cost of the linen. The Customer must return all linens dry and free of waste. Linens are to be placed in the linen bag(s) provided. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG - mildew will result.
22. WARRANTIES
GRAND is neither the manufacturer of the rented property nor the manufacturer's agent. No warranty against patent or latent defects in material, workmanship, or capacity is given. The customer expressly waives all such warranties of fitness which may be accorded by law or otherwise. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for the customer's intended use or that it is free from defects, and any and all such warranties of fitness or otherwise are expressly and specifically waived by the customer.
23. ASSIGNMENTS SUB RENTAL AND LOANS OF EQUIPMENT
The Customer may assign its right under this contract without providing GRAND notice but will remain bound by all obligations herein. The customer may not sub-rent or loan the equipment without written permission. Any purported assignment by the customer is void.
24. DISCOUNTS.
GRAND may offer discounts at its sole discretion. Any violation by the customer of GRAND’s rental contract or Terms and Conditions, including violation of payment terms, will make such discounts null and void.
25. LOCAL RULES AND REGULATIONS.
All rules and regulations governing an event site must be provided in writing to GRAND before the delivery of rental equipment. All fines incurred due to non-disclosure of such regulations are the customer's responsibility.
Please use the space provided below to list any rules or regulations that GRAND must follow during delivery, setup, or removal of rental equipment as put forth by the owners or designated managers of the event location.
26. INDEMNITY/HOLD HARMLESS
The Customer will take all necessary precautions regarding the items rented and protect all persons and property from injury or damage. The Customer agrees to hold GRAND harmless from and against any and all liability, claims, judgments, attorneys’ fees, and costs of every kind and nature, including, but not limited to, injuries or death to persons and damage of property arising out of the use, maintenance- installation, operation, possession, ownership, or rental of the items rented, despite cause. Any indemnification obligation of Customer is limited in accordance with NRS 41.0305 to NRS 41.039. The customer will assert the defense of sovereign immunity as appropriate in all cases, including indemnity actions. Customer’s indemnity obligation for actions sounding in tort is limited in accordance with the provisions of NRS 41.035 to $200,000.00 per cause of action.
27. ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY
The Customer is fully aware of and acknowledges that there is a risk of injury, death, or damage arising from the use or operation of the items contained in the Rental Agreement and hereby elects to voluntarily enter into this Agreement and assume all of the aforementioned risks.
The Customer agrees to release and discharge GRAND from any and all responsibility or liability from such injury, death, or damage arising from the use or operation of the rental items. The Customer further agrees to waive, release, and discharge any and all claims for injury, death, or damage against GRAND, which the Customer otherwise may be entitled to assert.
28. INSURANCE AND CERTIFICATES
GRAND maintains insurance in accordance with applicable laws and regulations. This includes, but is not limited to, general liability minimums of $1M per occurrence, excess liability of $2M per occurrence, and applicable commercial auto coverage. Customers may request an additional insured endorsement, which is limited to Grand’s actions and does not cover the customer or the customer’s actions.
29. LEGAL FEES
The Customer will pay all collection fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract. Any lawsuits that may occur between GRAND and its customers must be filed in Washoe County, Nevada, and any litigation will be held in a Washoe County Court.
30. MISCELLANEOUS
The Rental Agreement may be executed or delivered by electronic means such as email or electronic signature platform(s). The Rental Agreement is valid whether properly signed by the Customer or not, so long as the Customer takes possession of the rental items. It is also valid if another party signs on behalf of the Customer, in which case the signing party will sign their own name and then print C/O (Care Of) “Ordering Party.”
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