This Master Rental Agreement (“Agreement”), dated as on the Rental Order Form, is by and between Imperial Party Rentals and or Decora Event Rentals ( Imperial-Decora) and the Rented To as on the Rental Order Form (“Customer”). In consideration of hiring of the equipment described herein (the “Rental Items”), Imperial-Decora and Customer agree as follows:
1. SCOPE OF MASTER AGREEMENT. This Agreement governs all orders between Imperial-Decora and Customer that are documented with a Rental Order Form. Rental Order Forms will be completed for specific Rental Items on specific occasions. Imperial-Decora and Customer agree that each Rental Order Form will be considered an addendum to this Agreement and the terms and provisions of a Rental Order Form are incorporated into this Agreement and together provide the complete terms and conditions for that order.
2. MODIFIED RENTAL ORDER CONSENT. By signing the Rental Order Form, Customer authorizes changes to be made to the Rental Order Form by telephone or electronic communication without a physical signature from Customer or Imperial-Decora.
PICKUP, DELIVERY AND SET UP:
3. RECEIPT/INSPECTION. Customer hires the Rental Items on an “as is” basis. By accepting delivery or possession of the Rental Items, Customer acknowledges and agrees that Customer has:
a. Personally inspected the Rental Items and confirmed receipt of all items listed in this Agreement;
b. Found the Rental Items suitable to Customer’s needs; and
c. Found the Rental Items to be in good working order and repair.
ii. If Customer arranges for Imperial-Decora to deliver the Rental Items, then Customer shall have a representative present at delivery. If for any reason Customer fails to have a representative present at delivery, then Customer accepts the Rental Items as though Customer had inspected them and confirmed subparts (a), (b) and (c) above.
4. NO LOADING. If Customer picks up Rental Items from Imperial-Decora, Customer is responsible for ensuring that Rental Items are properly stowed and secured within Customer’s vehicle. Customer shall be responsible for any damage to Rental Items which result from improper stowing and securing. If Customer is unable or unwilling to properly load and secure Rental Items in Customer’s vehicle, delivery services are available at Customer’s expense.
5. DELIVERY VEHICLE ACCESS. If Customer requests delivery of Rental Items by Imperial-Decora trucks and part of the delivery route will be on private roads or driveways, Customer shall be responsible for ensuring that there is adequate vertical and horizontal clearance from overhanging trees and structures. Imperial-Decora provides information on its website regarding truck sizes and required clearance. Customer must inspect and measure private drives and roadways prior to the day of delivery to ensure that trucks will not be damaged in making deliveries. If Customer fails to conduct a proper inspection and Imperial-Decora vehicles are damaged in making deliveries to Customer, Customer shall be liable to Imperial-Decora for the resulting damage to property or vehicles. In the event that Imperial-Decora has to make a second trip an additional delivery charge will be assessed.
6. SITE PREPARATION. Customer shall have the site upon which the Rental Items are to be erected free and clear of all obstacles, natural and man-made, prior to the arrival of the Imperial-Decora installation crew. Customer shall turn off all sprinkler systems prior to arrival of the Rental Items. Upon pickup, Customer shall clear all items under and around the tent prior to the arrival of the Imperial-Decora installation crew unless Imperial-Decora has been retained for the equipment breakdown. If Customer fails to do so, then Customer shall pay all costs resulting from any delay.
7. ELECTRIC POWER AND LIGHTING. Except where Customer’s order includes generators supplied by Imperial-Decora, Customer shall furnish Imperial-Decora access to and the right to use Customer’s electrical and power lines for the installation and operation of the Rental Items.
8. UNDERGROUND FACILITIES. Customer acknowledges the availability of services for the identification of underground utilities such as water, gas and electric pipe and conduits (“Underground Facilities”). Where equipment installation will involve any penetration of the ground (tent stakes, for example), Customer shall have all Underground Facilities in the vicinity of the equipment installation clearly marked with marking paint prior to the arrival of Imperial-Decora’s installation crew. Customer will be solely responsible for any harm or damage to Underground Facilities and any consequential harm or damage to people or property unless Imperial-Decora negligently penetrates a clearly marked area. Customer must contact the service providers for the Underground Facilities one week prior to equipment installation to identify the Underground Facilities.
9. WEATHER RELATED RISKS. Customer assumes all weather related risks involved in holding an outdoor event. Client acknowledges that tents are temporary shade structures and not storm shelters, and though water resistant, they are not water proof. Should damage or incident result from high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Imperial-Decora’s control, Customer shall still be liable for payment in full of all charges.
OPERATION OF RENTAL ITEMS:
10. NO OPERATORS. Unless specifically agreed, Imperial-Decora does not furnish, directly or indirectly, any personnel or staff to operate Rental Items.
11. CUSTOMER RESPONSIBILITY FOR OPERATION. Customer acknowledges and agrees that:
a. Customer understands the proper operation and use of Rental Items;
b. Imperial-Decora has offered to provide, upon reasonable prior notice, additional instruction to Customer regarding the use of Rental Items; and
c. Customer is ultimately responsible for the operation and care of Rental Items.
d. Whenever Customer becomes aware that any Rental Item is malfunctioning or is unsafe to use for any reason, Customer shall discontinue use of the malfunctioning and/or unsafe Rental Item, remove it to a safe location, and immediately notify Imperial-Decora of the problem.
12. PROPER OPERATION AND USE. Customer shall not allow any person to operate or use the Rental Items:
a. Who is not qualified.
b. If the Rental Item is in need of repair or is in an unsafe condition or situation.
c. For anything other than its intended purpose/function.
d. Customer shall not, Modify, misuse, harm or abuse the Rental Items; or,
Make any repair to the Rental Items without Imperial-Decora’s prior written consent.
i. Customer shall visually inspect the Rental Items at least daily and immediately discontinue use and notify Imperial-Decora if Rental Items are in need of repair or maintenance or are not functioning properly. Imperial-Decora has no responsibility to inspect Rental Items while Rental Items are in Customer’s possession.
13. REPLACEMENT OF MALFUNCTIONING ITEMS. Imperial-Decora will repair or replace Rental Items in disrepair with similar items in good working order if available, so long as the defect is the result of normal use.
14. NO COOKING UNDER TENTS. Customer shall not cook under or near tents. Customer shall pay all losses or costs incurred for damage to or cleaning of tent tops due to cooking under or near tents.
CUSTOMER RESPONSIBILITY FOR RENTAL ITEMS:
15. CUSTOMER RESPONSIBILITY FOR RENTAL ITEMS. Once Customer has accepted delivery or taken possession of Rental Items, Customer shall be responsible for any lost or stolen Rental Items. In addition, Customer shall be responsible for all damage to Rental Items not caused by ordinary wear and tear. “Ordinary wear and tear” shall mean the normal deterioration of the Rental Items resulting from anticipated, reasonable and proper use. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage due to overturning; overloading or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; and contaminating Rental Items with paint, candle wax, tape, staples, wine, mold or any other material. Customer shall pay Imperial-Decora a) the replacement cost for any Rental Items that are not returned because they are lost or stolen; b) the repair costs for any damage to Rental Items unless Customer has accepted the Equipment Protection Plan option and the damages are covered under the terms of the Equipment Protection Plan.
16. EQUIPMENT PROTECTION PLAN. Customer has the option to accept Imperial-Decora’s Equipment Protection Plan by paying an additional 15% of the net rental rate for all applicable Rental Items. If Customer accepts the Equipment Protection Plan, then Imperial-Decora waives all claims against Customer for accidental breakage or damage to Rental Items, with the exception of third party sub rental items, that occurs despite usage and handling with reasonable care. Items not returned to Imperial-Decora within seven (7) days after your event are billed the full replacement cost. The Equipment Protection Plan is not insurance and it does not cover:
a. Rental items not returned;
c. Damage resulting from vandalism or intentional or improper misuse;
d. Damage resulting from failure to secure Rental Items during transport, overloading or exceeding the rated capacity of the Rental Items;
e. Damage to motors or other electrical appliances or devices caused by artificial current;
f. Any damage resulting from overturning;
g. Any damage resulting from use of the Rental Items in violation of any provision of this Agreement or violation of any law, ordinance or regulation;
h. Any damage due to weather; and
a. Any Damage to third party sub rental items or specialty linens.
17. RETURN. Customer shall return all Rental Items to Imperial-Decora on or before the pickup or return date set forth in the Agreement. Time is of the essence and any extension of the rental period must be in writing. When Customer arranges for Imperial-Decora to pick up the Rental Items, Customer shall store the Rental Items in a secure location pending pickup and Customer agrees to have a representative present at pickup. Customer’s responsibility for the Rental Items continues until Customer returns physical possession of the Rental Items to Imperial-Decora. Customer shall be responsible for all travel costs incurred by Imperial-Decora in connection with a) replacing or repairing damaged Rental Items not covered by the Equipment Protection Plan, or b) additional pick up trips due to Customer’s failure to assemble all Rental Items for pick up. Travel costs include, but are not limited to, the hourly rates for Imperial-Decora’s personnel, mileage at $2.50 per mile or an equal amount of the delivery charge, whichever is greater .
18. CLEANING. China, Glassware and Flatware must be returned rinsed and repacked properly in boxes or crates provided or additional charges will be assessed. Special cleaning fees may be imposed on BBQ Grills, Deep Fryers and Cooking Equipment, including but not limited to cleaning of deep fryer grease and removal of coals from BBQ Grills.
19. LINENS. Table linens will be inspected prior to Customer taking possession and upon their return to Imperial-Decora. You may request that linens be inspected in your presence. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG AS MILDEW WILL RESULT. Imperial –Decora Rentals provides Black linen return bags with every linen order. Please do not put hangers in the linen bag as this might result in tears. If there is obvious damage such as mildew, excessive stains, burns or tears, you will be charged the cost of the linen and you may keep the linen as though it were a sale. Return all linens dry and free of food waste.
INDEMNIFICATION AND RELEASE OF LIABLITY:
20. INDEMNITY/HOLD HARMLESS. Customer assumes all liability for, and agrees to defend, indemnify, hold harmless and protect Imperial-Decora, its owners, shareholders, agents, officers, directors, employees, successors and assigns (“Imperial-Decora Indemnified Parties”) from and against any and all liability, claims, demands, losses, damages, injuries, penalties, suits, actions, costs and expenses, including attorney’s fees and costs, of every kind and nature, including but not limited to injuries or death to persons and damage to property arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the Rental Items however caused, except claims or litigation arising solely from the gross negligence or willful misconduct of the Imperial-Decora Indemnified Parties.
OTHER IMPORTANT TERMS AND CONDITIONS:
21. RENTAL PERIOD/RATE. A rental period is twenty-four (24) hours unless a different term is specified in the Rental Contract. For Rental Items not returned prior to the Rental Contract deadline, additional 15% fee will apply daily will apply.
22. POSSESSION/TITLE. Title to the Rental Items is and shall remain vested in Imperial-Decora. If Customer fails to timely return physical possession of the Rental Items in accordance with this Agreement, Imperial-Decora shall have the right to recover physical possession of the Rental Items without further notice or legal process, and to use whatever reasonable means is necessary. Customer agrees to indemnify, defend and hold harmless the Imperial-Decora Indemnified Parties from any and all claims and costs arising out of Imperial-Decora’s recovery of physical possession of the Rental Items.
23. INTEREST ON LATE PAYMENT. Customer shall pay a monthly finance charge of 2% on all balances which are delinquent in excess of 30 days.
24. NO LIENS. Customer shall not allow the imposition of a lien upon any Rental Item.
25. DISCLAIMER OF WARRANTIES Imperial-Decora makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the Rental Items are fit for Customer’s particular intended use, or that Rental Items are free of latent defects. Imperial-Decora shall not be responsible to Customer or any third party for any loss, damage or injury resulting from, or in any way attributable to the operation of, use of, or any failure of the Rental Items. Imperial-Decora shall not be responsible for any defect or failure unknown to Imperial-Decora. Customer’s sole remedy for any failure, of or defect in the Rental Items shall be termination of the rental charges at the time of failure provided that the Customer notifies Imperial-Decora immediately of such failure and returns the Rental Items to Imperial-Decora within twenty-four (24) hours of such failure.
26. COMPLIANCE WITH LAWS. Customer shall not use or allow anyone to use the Rental Items for any illegal purpose or in any illegal or unsafe manner. Customer, at Customer’s sole cost and expense, will comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the Rental Items during the rental period. Specifically, Customer shall comply with Health and Safety laws and regulations, fire safety regulations (such as those prohibiting heaters or cooking inside of tents), sound and noise ordinances and regulations, and ordinances and regulations requiring event permits. Customer shall pay all licenses, fines, fees, permits or taxes arising from the use of the Rental Items, including any which are subsequently determined to be due.
27. PURCHASE ORDERS. If Customer’s purchase order number is used on the Rental Order Form, such use is for Customer’s convenience and identification only and does not indicate a purchase.
28. SUBLETTING/LOCATION. Customer will not sublet, loan or assign the Rental Items. Customer will not move the Rental Items from the address at which Customer represented they were to be used.
29. DEFAULT. Should Customer fail to observe or comply with any provision of this Agreement, Imperial-Decora may, at its sole option, terminate this Agreement, retake the Rental Items, declare any charges due and payable and initiate legal process to recover monies owed, and/or pursue any other legal rights and remedies available to Imperial-Decora. Exercise of any remedy available to Imperial-Decora shall not constitute an election of remedies or a waiver of any additional remedies to which Imperial-Decora may be entitled.
30. LEGAL FEES. In the event of any legal action or proceedings arising out of or related to this Agreement, the prevailing party shall be entitled to recover all reasonable attorney’s fees and costs.
31. NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of Imperial-Decora to insist upon strict performance by Customer of any provision of this Agreement shall not waive Imperial-Decora’s right to demand compliance with all other provisions of this Agreement. The provisions of this Agreement are severable so that the unenforceability, invalidity or waiver of any provision shall not affect any other provision.
32. CONSUMER PRODUCTS EXPOSURE WARNING. The Rental Items contain or produce one or more chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.
33. GOVERNING LAW. This Agreement shall be governed by Florida Law and it shall be deemed entered into in Florida. Customer and Imperial-Decora agree to submit to personal jurisdiction in Florida.
34. PROMOTIONAL USE. Customer remains responsible for all obligations under this Agreement even if Imperial-Decora provides Rental Items to Customer at no cost for promotional purposes. Such obligations include but are not limited to Customer’s responsibility for missing or damaged Rental Items, delays in returning the Rental Items, and indemnification of Imperial-Decora.
35. CANCELLATION FEES. A credit card number is required to create a reservation and hold any order unless Customer has established a charge account. A 50% deposit is required at the time of reservation. The balance is due three (3) days prior to the delivery or will call date. A 50% cancellation charge will apply to any Rental Items cancelled less than ten (10) days before delivery or pickup. A 100% cancellation charge will apply to items cancelled less than three (3) days before delivery or pickup. No credit will be issued for mutually agreed upon custom items or event-driven purchases; these items are subject to payment in full at time of reservation for all clients and are non-refundable. No credit will be given for unused items. Unless the order has been confirmed and reserved, all prices and availability are subject to change.
36. ELECTRONIC SIGNATURE. Customer may accept the terms of this Agreement electronically when it orders the Rental Items from Imperial-Decora. Imperial-Decora may email Customer confirmation of such acceptance along with a copy of this Agreement, and Imperial-Decora may prove Customer’s acceptance of this Agreement by providing such confirmation email or by providing other electronic evidence that Customer accepted the Agreement electronically.