PARTY AT THE MOONTOWER EVENT RENTALS, LLC RENTAL AGREEMENT
This Rental Agreement (this “Agreement”) is made by and between Party at the Moontower Event Rentals, LLC, a Texas limited liability company (“Company”), and the undersigned person(s)/company/organization renting goods from Company (“Client”) effective as of the Effective Date shown on the signature page hereto. Company and Client are sometimes referred to herein individually as a “Party” and together as the “Parties”.
RENTAL ITEMS
Company agrees to rent to Client the items (the “Rental Items”) listed on the invoice which is attached and made part of this Agreement (the “Invoice”), on the date(s) listed on the Invoice (the “Event Date”).
RENTAL PERIOD
Unless otherwise stated on the Invoice or arranged in writing by the Parties, the rental period is for 24 hours. Specific delivery and/or pick-up times must be finalized no later than 7 days (by end of business day) prior to the Event Date referenced in the Invoice. Additional fees will be incurred by Client if delivery and/or pick up times are not finalized by the date at least 7 days prior to the Event Date.
DAMAGED OR MISSING RENTAL ITEMS
Client shall be responsible for damages to Rental Items while such Rental Items are in the possession or under the control of Client, other than damages resulting from the negligence or misconduct of Company personnel. Damages to Rental Items include, but are not limited to, chipped, cracked or broken items, stained and dirtied upholstery or fabric beyond normal wear and tear from use, loss or damage due to theft, burglary, misuse, abuse, theft by conversion, intentional damage, disappearance, or other loss, or as a result of Rental Items’ exposure to rain, sprinkler systems or spills. Client shall be responsible for the full replacement cost of damaged or lost Rental Items if they are unable to be repaired as described in the section captioned “FEES – Cleaning and Maintenance Fee” below.
If Client discovers damaged or missing Rental Items prior to the start of the event, Client must notify Company promptly upon delivery of Rental Items. If possible, Company will provide a replacement for any damaged or missing Rental Items prior to the event start time. If Company is unable to provide such replacement, Company 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 Company personnel, moving the Rental Items from the location where they were placed by Company are the sole responsibility of Client, whether actually caused by Client’s representatives 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. Client is responsible for inspecting Rental Items for any damages prior to removal of such Rental Items from the will call location.
Inclement Weather: Client further agrees to make arrangements in advance to shield Rental Items from exposure to rain or inclement weather conditions. Failure to plan for such contingencies may result in Company withholding delivery of Rental Items on the scheduled Event Date. For any costs owed to the Company for any damage repair of Rental Items, 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 any 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 deposit.
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, unless otherwise agreed to in writing by Company and Client, photographs or video images from the Client event can be used for promotional purposes by Company without compensation to Client. Such photographs and images shall not be subject to the section of this Agreement captioned “Confidentiality”.
TERM OF AGREEMENT
This Agreement will become effective on the Effective Date on the signature page hereto and upon Company’s receipt of the Deposit (as defined below) and 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 (“Rental Fees”) specified in the 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.
Cleaning and Maintenance Fee: A nonrefundable damage waiver fee of 10% for delivered Rental Items as indicated in the Invoice (the “Cleaning and Maintenance Fee”) shall be payable to Company upon signing of this Agreement. This fee may be used by Company to cover cleaning and maintenance of the Rental Items after the rental period. If any damages occur to Rental Items, Company will first use the Cleaning and Maintenance Fee to repair. If the actual repair costs exceed the Cleaning and Maintenance Fee, Client will be responsible for either (i) the amount in excess of the Cleaning and Maintenance Fee previously paid or (ii) replacement cost of the damaged Rental Items if repair is not feasible. All damage and repairs will be discussed with Client immediately before making any repairs. For clarity, the Cleaning and Maintenance Fee is calculated as 10% of the full order price, without taking into account any discounts, for items delivered to Client; and 20% of the full order price for items picked up by Client at a will call location.
Styling Fees: Styling services will result in additional fees to Client at the rate of $125 per hour. Any time spent outside of the predetermined hours set forth in the Invoice will be subject to additional fees.
Production Pieces: As noted on the Invoice, Rental Items may consist of items that are constructed by Company using designs provided, either unilaterally or jointly, by Company and Client (“Production Pieces”). Unless otherwise agreed in writing by Company, Production Pieces and their design shall be the property of Company and returned with Rental Items. Further terms concerning the assembly of Production Pieces may be addressed in an Addendum to this Agreement.
Delivery: Delivery and labor fees start at a base rate of $250 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 calculating the initial delivery fee as set forth in the Invoice, Company estimates the time based on the normal amount of time that it takes for the team to complete delivery and setup. Company reserves the right to charge for additional hours if the delivery team is waiting for extended periods of time due to oversights in planning, overlaps with other vendors or the occurrent of other factors outside the team’s control (does not include weather). An Onsite Contact of Client is required and must be present at the time of delivery at the delivery site. Delays caused by the failure of an Onsite Contact of Client to be present during the pre-determined and agreed-upon load-in and load-out times will result in additional fees. Changes in delivery times are subject to the prior agreement of Company.
Will Call: For will call orders, the Cleaning and Maintenance Fee is 20% of the full order price for the Rental Items. Client must pick up the Rental Items at or within one hour prior to the scheduled pick up time at Company warehouse 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 padded 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 Client to appear without notice during pre-determined and agreed-upon pick-up and return will result in additional fees. Changes in pick up times are subject to the prior agreement of Company.
Payment Schedule: Client agrees to pay Company the Rental Fees in accordance with the following schedule:
- An initial 50% of the total price (the “Deposit”) will be made upon signing of this Agreement to confirm the Reservation.
- The Deposit is non-refundable.
- The final balance is due 14 days prior to the Event Date shown on the Invoice.
- Additions and substitutions made 14 days prior to the Event Date are subject to additional charges
- Rental 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 Event Date.
- A valid credit card is required to be kept on file with Company, 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 and payment of the Deposit. Rental Items may be released to other clients for use on the Event Date if Company does not receive the Deposit payment within one week of signature.
- If the full balance of unpaid Rental Fees has not been paid at least 14 days prior to the Event Date, Company may charge the credit card on file after providing written notice by email to Client.
- If Client’s credit card is not accepted as a means of payment of any fees under this Agreement, then outstanding balance fees will be applied as per the following parameters:
- Fees take effect 7 days after the Event Date;
- Fees are applied per day that the balance remains outstanding;
- Fee amounts are based on the Contract Total, and calculated as follows:
- Contract Total under $5,000: $100 per day
- Contract Total $5,000 – $10,000: $200 per day
- Contract Total over $10,000: $300 per day
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 4516 Burleson Rd. PO Box 18863, Austin TX 78760.
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 within either 14, 7, or 3 days of the scheduled Event Date, with higher rush fees applied as the Event Date approaches in order to accommodate the availability of staffing.
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, if Client cancels this Agreement, the following terms apply:
- Deposit is non-refundable.
- Cancellation made (based on days from the Event Date, notice received between 9am-5pm CST):
- 30 days or more: Refund of any portion of total fees paid above the Deposit;
- 29-0 days: No refund for any amounts paid; Rental Fees are required be paid in full with no credit or refund
- For cancellation at any point, Company’s Fees for Additional Services rendered through the date of cancellation will be due immediately, including but not limited to Production Pieces.
- If full balance has yet to be paid within 14 days, Company may charge the credit card on file after providing written notice by email to Client.
Cancellation by Company: In addition to any other obligations set forth in this Agreement, if Company cancels this Agreement, Company will refund all unearned fees, including the Deposit, to Client.
Rescheduling Event Dates are allowed on a case-by-case basis and are subject to a 20% rescheduling fee. Client may incur additional fees for Company’s services due to the rescheduling such as sub-rentals with other vendors at request of Client, significant changes to event design, additional venue walk-throughs, or other requirements that increase the scope of the delivery and set-up effort (as an example, the unavailability of on-site parking at the event). 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 Event Date which, upon execution, will supersede and replace this Agreement.
WARRANTY DISCLAIMER; DAMAGES LIMITATION
Client acknowledges that the Rental Items are of a size, design, and capacity selected by Client, and that Company disclaims all warranties, express or implied, with respect to the Rental Items, including any express or implied warranties as to condition, fitness for a particular purpose or durability.
EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL COMPANY BE LIABLE TO CLIENT FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF RENTAL ITEMS AT THE EVENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
Each Party (as such, the “Indemnifying Party”) hereby voluntarily and expressly releases, indemnifies, forever discharges and holds harmless the other Party hereto from and against any and all liabilities, claims, demands, causes or rights of action, including those allegedly attributed to negligent acts or omissions of the Indemnifying Party. Should a Party receiving indemnity hereunder or anyone acting on behalf of such Party be required to incur attorneys’ fees and costs to enforce this indemnification obligation, the Indemnifying Party expressly agrees to indemnify and hold harmless such indemnified Party for all such fees and costs.
COVID-19 RELATED INDEMNIFICATION
The Parties hereby voluntarily and expressly agree 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 Rental Items.
DISPUTE RESOLUTION & APPLICABLE LAW AND JURISDICTION
If a dispute arises under this Agreement, the Parties shall first attempt 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 Travis County, TX.
ENTIRE AGREEMENT
This Agreement (including its attachments, supplements and addenda) 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 the 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 a Party to require strict compliance with the performance of any obligations and/or conditions of this Agreement shall not be deemed a waiver of such 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
Neither Party shall be liable to the other Party for any failure of or delay in the performance of this Agreement if such failure or delay is due to unforeseeable 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 promptly give written notice to the other Party of its inability to perform or of delay in completing its obligations. Notwithstanding, a Force Majeure Event cannot be used to excuse Client’s breach of its payment obligations or modify the cancellation policies under this Agreement. 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 one-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 Party, 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 the other Party hereto solely for the purpose of rendering or obtaining Rental Items or 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, 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.
Client acknowledges and certifies that Client has had sufficient opportunity to read this Agreement in its entirety and understands its content, and Client executes it freely and without duress of any kind and agrees to the terms herein stated.
DEPOSIT ACCEPTS AGREEMENT
By its payment of the Deposit or any portion of the Rental Fee to Company, Client agrees to the terms set out in this Agreement, notwithstanding the absence of Client’s signature to this Agreement.