PARTY AT THE MOONTOWER EVENT RENTAL AGREEMENT
This Event Rental Agreement (hereinafter, “Agreement”) is made by and between Party at the Moontower Event Rentals, LLC, (hereinafter, “Company”), and the person(s)/company/organization renting our goods (hereinafter, “Client”).
Company agrees to rent to Client the items listed on the invoice, which is attached and made part of this agreement, on the date(s) listed on invoice.
The rental period is for 12-24 hours, unless otherwise arranged. Specific delivery and/or pick-up times must be finalized no later than 7 business days prior to the Event Date.
- Rental Fees: Client agrees to pay Company the fees (hereinafter, “Rental Fees”) specified in invoice. Rental Fees are for the time the Rental Items are out and away from Company’s possession, regardless of whether the Rental Items are actually used by Client. No refunds will be given for unused Rental Items.
- Damage Deposit: A refundable damage deposit of 10% as indicated in invoice (hereinafter, “Damage Deposit”) shall be payable to Company upon signing of this Agreement.
- Payment Schedule: Client agrees to pay Company the Rental Fees in accordance with the following schedule:
- An initial 50% of the total price (hereinafter “Initial Payment”) will be made upon signing of this Agreement to confirm the order.
- The final balance is due two weeks prior to the event date. Additions and substitutions are allowed until 14 days prior to your event date, but no reductions are allowed.
- Rental Items are not reserved for the Event Date until Company receives a signed copy of this Agreement, the Damage Deposit, the Initial Payment and a credit card on file. Payments can be made by credit card or check.
- Late Return: If Rental Items are not returned by Client on the specified date and time, the Client shall incur additional charges. The Company can subtract these late return charges from the Damage Deposit.
- Form of Payment: Unless otherwise agreed to, payments to Company must be made in the form of Cash, Credit Card (accepted online) or Check payable to Party at the Moontower and sent to 1403 Canterbury Street, Austin, TX 78702 or by Credit/debit card.
DAMAGED OR MISSING RENTAL ITEMS
If Client discovers damaged or missing rental items prior to the start of the event, Client must notify Company immediately. If possible, Company will provide a replacement for any damaged or missing rental items prior to the event start time. Damaged rental items shall not be used at the event. Company shall not be responsible for any injury or damage resulting from failure or defect of rental equipment. All damaged rental items remain the property of Company and must be returned to Company. If not possible to provide any replacements, we will refund the appropriate fee associated with the damaged/missing items.
Any damages occurring after the Rental Items are delivered to Client, including damage occurring as a result of any person other than a Company representative moving the Rental Items from the location where they were placed by Company are the sole responsibility of Client, whether actually caused by Client or by Client’s guests, Event venue staff, or third party Event vendors. Damage includes, but is not limited to loss or damage due to theft, burglary, misuse, abuse, theft by conversion, intentional damage, disappearance, or loss due to Client’s failure to care for the Rental Equipment, including damage as a result of leaving Rental Equipment out in the rain or in a sprinkler system. Client further agrees to arrange effective provisions so that, in the event of rain or inclement conditions, goods will be shielded from the elements and/or protected from damage. Failure to plan for such contingency may result in Company withholding the goods at the time of scheduled delivery. Client shall be responsible for the full replacement cost of damaged or lost Rental Items and if fabric and upholstered items are returned stained, the cost of cleaning. Damages include, but are not limited to chipped, cracked or broken items, stained and dirtied upholstery or fabric that are beyond normal wear and tear. The replacement and cleaning costs will be deducted from the damage deposit.
REFUND OF DAMAGE DEPOSIT
If the Company determines that all Rental Items are returned undamaged, then Company will return the Damage Deposit to Client within 10 days after Client returns the Rental Items to Company. If the Company determines that there are missing or damaged Rental Items, Company shall provide Client with a written statement of the reason for, and the dollar amount of any Damage Deposit retained by the Company and any amounts owed by Client, along with a check for any balance owed to the Client (if applicable). For any costs owed to the Company exceeding the amount of the Damage Deposit, Client shall remit payment to Company within 30 days following Company’s written request.
SUBSTITUTIONS OF RENTAL ITEMS
- By Client: Should Client wish to cancel the rental of some Rental Items, or make substitutions for certain Rental Items, Client must sign an amended quote indicating the changes. There will be no refunds for cancellations of Rental Items made less than 30 days prior to the Event Date. Changes and additions to existing orders may require an additional deposit.
The Delivery Fee, if any, is based upon those Rental Items itemized in Attachment A; adding or changing Rental Items may increase the Delivery Fee.
- By Company: Company reserves the right to make reasonable substitutions of Rental Items, when necessary, and shall inform Client of such substitutions prior to the Event when possible. If the rental price for the substituted item(s) is less than the rental price for the originally selected Rental Item(s), Company will refund to Client the difference in price, or if no substitution is available, the rental price for the affected Rental Item(s) will be refunded to Client.
RESCHEDULED EVENT DATE
If Client reschedules the Event Date, written notice must be given to the Company of Client’s intention to reschedule the Event Date and if known, identify the new date for the Event (hereinafter, “Rescheduled Event Date.”). Client understands that the Company cannot guarantee the availability of the Rental Items on the Rescheduled Event Date. If Rental Items are available for the Rescheduled Event Date, Client may incur additional fees for Company’s services due to the event rescheduling. At Company’s discretion, the Parties may enter into a separate written agreement or modify this Agreement to reflect the Rescheduled Event Date.
TERM OF AGREEMENT
This Agreement will become effective on the date both parties sign the Agreement and Company receives the deposit. This Agreement will terminate on the earliest of:
- The date all Rental Items are returned to Company.
- The date a party terminates the Agreement as provided herein.
TERMINATING THE AGREEMENT
Either party, without cause, may terminate this Agreement by delivering 30 days written notice to the other party.
- Termination by Client: In addition to any other obligations set forth in this Agreement upon termination, if Client terminates this Agreement within 30 days of the event date:
- all payments made to date to Company are non-refundable;
- all outstanding Company’s Fees for Additional Services rendered through the date of termination will be due immediately.
- Termination one week or less from the Event Date will require that the Rental Fees be paid in full. If full balance has yet to
be paid, Company may charge credit card on file.
- Termination by Company: In addition to any other obligations set forth in this Agreement upon termination, if Company terminates this Agreement, the Company will refund unearned fees to the Client.
LIMITATION OF LIABILITY
Company hereby voluntarily and expressly releases, indemnifies, forever discharges and holds harmless Company any and all liability, claims, demands, causes or rights of action whether personal to Client or to a third party, including those allegedly attributed to negligent acts or omissions. Should Company or anyone on behalf of Company be required to incur attorney fees and costs to enforce this agreement, Client expressly agrees to indemnify and hold harmless Company for all such fees and costs. In consideration of being permitted by Company to use its furniture, the undersigned and its participants agree to indemnify and hold harmless Company from any and all claims which are brought by the undersigned and/or their participants. Client acknowledges and certifies that Client has had sufficient opportunity to read the entire Rental Agreement and understands its content, and Client executes it freely and without duress of any kind and agrees to the terms herein stated.
DISPUTE RESOLUTION & APPLICABLE LAW AND JURISDICTION
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Travis County, TX. This Agreement shall be governed by the laws of the State of Texas, and any disputes arising from it must be handled exclusively in the federal and state courts located in County of Travis County, TX.
This Agreement (including attachments) contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
This Agreement may be modified or amended if the amendment is made in writing and is signed by all parties.
The headings contained in this Agreement are strictly for convenience, and shall not be used to construe meaning or intent.
The failure of any Party to require strict compliance with the performance of any obligations and/or conditions of this Agreement shall not be deemed a waiver of that Party’s right to require strict compliance in the future, or construed as consent to any breach of the terms of this Agreement.
A party shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. Upon occurrence of any force majeure event, the party relying upon this provision shall give written notice to the other party of its inability to perform or of delay in completing its obligations.
ASSIGNABILITY AND PARTIES OF INTEREST
No Party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party. Nothing in this Agreement, expressed or implied, will confer upon any person or entity not a party to this Agreement, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Agreement, except as expressly provided in this Agreement.
DEPOSIT ACCEPTS AGREEMENT
By paying a deposit or entire rental fee, Client agrees to the terms set out in this Rental Agreement.