Rental Agreement

Updated 6.10.20

PARTY AT THE MOONTOWER RENTAL AGREEMENT

This 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”).

RENTAL ITEMS 

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 the invoice.

RENTAL PERIOD 

The rental period is for 24 hours, unless otherwise arranged. Specific delivery and/or pick-up times must be finalized no later than 72 hours prior to the Event Date.

DAMAGED OR MISSING RENTAL ITEMS 

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, 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 Items, including damage as a result of leaving Rental Items out in the rain or in a sprinkler system. 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.

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. If not possible to provide any replacements, we will refund the appropriate fee associated with the damaged/missing items. Damaged rental items shall not be used at the event. All damaged rental items remain the property of Company and must be returned to Company.

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.

Will Call: For Rental Items picked up from will call, Client shall be liable for any damages to Rental Items after pickup, including damages occurring during transport from will call. 

Inclement Weather: 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. For any costs owed to the Company for any damage repair, 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 14 days prior to the Event Date. Changes and additions to existing orders may require an additional Retainer.

The Delivery Fee, if any, is based upon those Rental Items itemized in the original order; 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.

PHOTOGRAPHY

Client agrees that photography of their event can be used for promotional purposes by Party at the Moontower Event Rentals. 

TERM OF AGREEMENT

This Agreement will become effective on the date both parties sign the Agreement and Company receives the Non-Refundable Retainer 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.

FEES

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 Waiver Fee: A nonrefundable damage waiver fee of 10% as indicated in invoice (hereinafter, “Damage Waiver Fee”) shall be payable to Company upon signing of this Agreement. This fee is used to cover cleaning and maintenance of the rentals after the rental period. If any damage occurs, Company will first use the Damage Waiver Fee to repair. If the repair costs exceed the Damage Waiver fee, Client will be responsible for the amount in excess of the Damage Waiver Fee they already paid. All damage and repairs will be discussed with Client immediately before making any repairs. Damage waiver is 10% of full order price, not 10% of the discounted item total. 

For will call orders, the damage waiver fee is 15%. 

Styling Fee: Styling is an additional fee of $100 per hour. Any time spent outside of the predetermined rate outlined in the agreed upon invoice is subject to additional fees. 

Delivery: Delivery and labor fees start a base rate of $200 and are calculated by multiple factors including the size of the load, crew size, location, and how long load in and load out will take. When we calculate the initial delivery fee, we base it on the time it normally takes for the team to complete their delivery and setup. We reserve the right to charge for additional hours if our team is waiting for extended periods of time due to oversights in planning, overlaps with other vendors or cannot complete their job due to factors outside the team’s control (does not include weather). Failure by the client to appear without notice during pre-determined and agreed upon load-in and load-out times will result in an additional fee. Changes can be made with agreement by Company.

Will Call: For will call orders, the damage waiver fee is 15%. Client must pick up the Rental Items in a covered vehicle and must have on hand all supplies reasonably appropriate to ensure the safe transport of the Rental Items without damage or loss of any kind (e.g., tie-downs and blankets). In the event the Company determines, in its sole and reasonable discretion, that the method of transport or supplies that Client has available upon arriving at Company warehouse does not comply with this section, Company reserves the right to refuse to hand over the Rental Items and to cancel the Agreement, without any obligation to refund any portion of the Deposit to Client, and without incurring any further obligations to Client hereunder. Failure by the client to appear without notice during pre-determined and agreed upon pick up and return will result in an additional fee. Changes can be made with agreement by Company. 

Payment Schedule: Client agrees to pay Company the Rental Fees in accordance with the following schedule:

  • An initial 50% of the total price (hereinafter “Retainer”) will be made upon signing of this Agreement to confirm the Reservation.
  • The Retainer is non-refundable.
  • The final balance is due 14 days prior to the Reservation Load In Date. 
  • Additions and substitutions are allowed up to 24 hours prior to your Reservation Load In Date (subject to availability)
  • Items may be subtracted from an order, but no Rental Fee reduction or refunds are given if items are subtracted from an order 14 days or less from the Reservation Date.
  • A Credit card is required to keep on file, even if Client is paying by check or wire transfer or ACH.
  • Rental Items are not officially reserved until Company receives a signed copy of this Agreement, Retainer and a credit card on file.
  • If full balance has yet to be paid within 14 days, Company may charge the credit card on file.

Form of Payment: Unless otherwise agreed to, payments to Company must be made in the form of Cash, Credit or Debit Card (accepted online), ACH Payment/Wire Transfer (inquire for Company wire transfer Information), or Check payable to: “Party at the Moontower Event Rentals” and sent to 1403 Canterbury Street, Austin, TX 78702.

All credit card transactions will be charged a 3% credit card fee with an additional 1% fee for international credit cards.

RUSH FEE: All orders are subject to a rush fee if placed three days before the event date. Orders under 1k are charged $100 and orders over 1k are charged 10%.

RESCHEDULED RESERVATION DATE

If Client reschedules the Reservation Date, written notice must be given to the Company of Client’s intention to reschedule the Reservation Date and identify the new date, if known, for the Reservation (hereinafter, “Rescheduled Reservation Date.”).

  • Client may reschedule their Reservation Date without penalty prior to 14 days before the Reservation Load In Date, after which a 15% Rescheduling Fee applies.
  • If you do not have a Rescheduled Reservation date yet, your Retainer and any other payment made to date will be kept on file as credit for up to 1 year from the original Reservation date. 
  • Company only accepts Rescheduled Reservation Dates up to 1 year from the original Reservation Date, after which any Client payments and/or credit to date is forfeited.
  • Any payment made by Client at the time of rescheduling, Retainer or otherwise, will be kept as a credit and applied to the Rescheduled Reservation Date.
  • Client understands that if a new Rescheduled Reservation Date is not established immediately, Company cannot guarantee the availability of the Rental Items on the Rescheduled Reservation Date.
  • Client may incur additional fees for Company’s services due to the rescheduling such as sub-rentals with other vendors at request of the client, significant changes to event design, additional venue walk-throughs, etc. Company will discuss with Client prior to charging any additional fees. 
  • Payment for any custom built items and Company services related to custom built items will be due according to the original Rental Agreement payment schedule.
  • Parties will enter into a separate written agreement or modify this Agreement to reflect the Rescheduled Reservation Date. Signature of the Rescheduled Reservation Date contract voids the previous agreement.
  • Remaining balance is still due 2 weeks prior to the original event date.

CANCELLATIONS

Either party, without cause, may cancel this Agreement by delivering written notice to the other party.

Cancellation by Client: In addition to any other obligations set forth in this Agreement upon cancelation, if Client cancels this Agreement, the following terms apply:

  • Retainer is non-refundable.
  • Cancelation made (based on days from the Reservation Load In Date, notice received between 9am-5pm CST):
    • 30 days or more: Refund of any portion of total fees paid above the Retainer;
    • 29-15 days: No refund for any amounts paid;
    • 14 days or less: Rental Fees are required be paid in full with no credit or refund
  • For cancelations at any point, Company’s Fees for Additional Services rendered through the date of cancelation will be due immediately, including but not limited to custom built items.
  • If full balance has yet to be paid within 14 days, Company may charge the credit card on file.

Cancellation by Company: In addition to any other obligations set forth in this Agreement upon cancellation, if Company terminates this Agreement, the Company will refund unearned fees to the Client.

MODIFIED COVID-19 CANCELLATION AND RESCHEDULING AGREEMENT: Applicable to Reservation Dates from March 18, 2020 through December 31, 2020. 

These modified COVID-19 Cancellation and Rescheduling Policies apply to reservations needing to cancel or reschedule due to COVID-19 related state or county mandates, such as shelter-in-place orders, event bans or gathering limits.

  • Company will waive the 15% rescheduling fee for reschedules made 48 hours or more (notice received between 9am-5pm CST) from the Reservation Load In Time
  • Cancellation or reschedules made 48 hours or more (notice received between 9am-5pm CST) from the Reservation Load In Time will receive a full credit for any amounts paid made for a future reservation up to 1 year from the original Reservation Date; Rescheduled date not required at time of cancellation.
    • When cancelling, Client will receive credit for all payments made to date for use on any event taking place in the next year. Credit will automatically expire after 1 year.
    • When rescheduling, items from original order are subject to availability.
    • When rescheduling, a new signed contract will be required for the new Reservation Date.
    • Unless stated in this clause, all other terms in this Agreement apply, including payment terms (outlined above).

With the ever-changing nature of the COVID-19 pandemic, Company reserves the right to make reasonable modifications to these COVID-19 policies as new information is learned. In the event of such modification, Company is required to notify Client of the modification(s) at which time the parties can agree to: (a) sign an amended contract; or (b) orally consent to the modification.

RENTAL CREDITS 

  • Unless otherwise stated, all event rental credits granted expire after 1 year from the date of Client’s Reservation Date outlined in this agreement.
  • Value of credits are subject to current rental rates at the time of rescheduling

WARRANTY DISCLAIMER

Client acknowledges that the rental property is of a size, design, and capacity selected by Client, and that Company disclaims all warranties express or implied with respect to the rental property, including any express or implied warranties as to condition, fitness for a particular purpose or durability.

INDEMNIFICATION

Client 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, 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 agree to indemnify and hold harmless Company from any and all claims which are brought by the undersigned. 

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.

COVID-19 RELATED INDEMNIFICATION

Both parties hereby voluntarily and expressly agrees to defend and hold harmless each other and its affiliates and each of their respective families, owners, agents, representatives, employees and contractors from and against any claim, demand, cause of action, suit or other proceeding arising from or relating to exposure, infection, and/or spread of COVID-19 while using Companies goods or services.

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.

ENTIRE AGREEMENT

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.

AMENDMENT

This Agreement may be modified or amended if the amendment is made in writing and is signed by all parties.

HEADINGS

The headings contained in this Agreement are strictly for convenience, and shall not be used to construe meaning or intent.

SEVERABILITY

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provisions of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

WAIVER

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.

FORCE MAJEURE

Both parties 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, pandemics, government orders (each a “Force Majeure Event”). Upon occurrence of any force majeure event, the affected party shall give written notice to the other party of its inability to perform or of delay in completing its obligations. A Force Majeure Event cannot be used to excuse Clients breach of its payment obligations or modify the cancellation policies under this contract. However, any amounts paid to Company up to the date of the Force Majeure Event will be available for transfer to another event within the 1 year period following the originally scheduled Rental Date.

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.

CONFIDENTIALITY

The parties hereto agree that each shall treat confidentially the terms and conditions of this Agreement and all information provided by each party to the other regarding its business and operations. All confidential information provided by a party hereto shall be used by any other party hereto solely for the purpose of rendering or obtaining services pursuant to this Agreement and, except as may be required in carrying out this Agreement, shall not be disclosed to any third party without the prior consent of such providing party. The foregoing shall not be applicable to any information that is publicly available when provided or thereafter becomes publicly available other than through a breach of this Agreement, or that is required to be disclosed by or to any bank examiner of the Custodian or any Subcustodian, any Regulatory Authority, any auditor of the parties hereto, or by judicial or administrative process or otherwise by Applicable Law. 

COUNTERPARTS, SIGNATURES

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and which collectively shall constitute one agreement. Use of fax, email and electronic signatures shall have the same force and effect as an original signature.

RETAINER ACCEPTS AGREEMENT

By paying a Retainer or any portion of the Rental Fee, Client agrees to the terms set out in this Rental Agreement.

DATE: _____________________

NAME: ____________________

SIGNATURE: _____________________