Effective as of April 6, 2016.
As used herein, "Classic" means CP OpCo, LLC, dba Classic Party Rentals®, Panache®, Ducky-Bob’s®, Classic Tents®, Capital Party Rentals™ and Festive Fare™, and "Client" means the customer identified in the applicable Order, its agents and/or employees, and includes the person or entity for whom the services are being provided, even if the identified Client is an agent for such other person. By accepting any order (“Order”), which acceptance may be verbal or written, Client agrees to the following terms and conditions, which shall apply except as otherwise specifically indicated on any Order.
1. Rental Terms. This is a rental agreement only. Rental Items shall remain the personal property of Classic. No operators are furnished with the Rental Items. The rental period commences on the “Install” date and ends on the “Pick-up” date shown on the Order. If Client makes greater use of the Rental Items than agreed upon, or does not return will-call items by the “Pick-up” date shown on the Order, additional fees will be charged. Orders finalized within 14 days of the installation may be subject to increased pricing.
2. Payment. A deposit of 50% of the invoice total shall be required to secure an Order. For COD customers, complete payment is due: (i) at time of pick-up for “will-call” orders, or (ii) 48 hours prior to the event date for delivery and installation orders. Remit customers payment terms are net 10 days from the date of the event. Any amounts not paid when due shall bear interest at the lower of the maximum rate permitted by law or 1.5% per month (18% per annum) from the date due until the date paid. Classic may elect at any time to revoke credit and or open account privileges. Classic may charge a fee of $25.00 on all returned checks.
3. Cancellation. Except for a cancellation for a default by Classic, upon any cancellation of an accepted Order Client shall be responsible for the cancellation fees specified in the Order. If no cancellation fee is specified in the Order, the following cancellation fees shall apply: (i) Orders cancelled within 30 days of delivery date, 25% of invoice total; (ii) Orders cancelled less than 72 hours prior to the Event, but before loaded for delivery, 50% of invoice total; and (iii) Orders cancelled after being loaded on a truck, or at or after the specified pick-up (“install”) time for “will-call” Orders, 100% of the invoice total.
4. Client Contracts. Any contract requirements imposed by Client or any venue must be provided for Classic’s review and approval no less than 14 days in advance of the delivery date. It is Client’s responsibility to timely provide for Classic’s review and approval any Client or venue PO, non-disclosure, hold harmless or other agreement.
5. Compliance with Laws; Safety. Client is responsible for obtaining all permits and/or licenses from the appropriate government agencies. If permits or licenses are denied for any reason, Client remains responsible for all obligations pursuant to this Agreement. Client shall not move the Rental Items from the address at which Client represented they were to be used. Client shall not use or allow anyone to use the Rental Items in any illegal or unsafe manner. Client shall not allow any person to use or operate the Rental Items who is not qualified or who has not received and understands the safety and operating instructions or who does not utilize all required safety equipment. Client shall comply with all applicable laws which apply to the use of the Rental Items during the rental period.
6. Access. If Classic is delivering or installing the Rental Items, Client shall be responsible to: (a) provide or obtain access to the Event location and areas required for Classic to unload, stage and install the Rental Items; (b) ensure all Rental Items will fit into the venue, including doors, elevators and stairwells; (c) coordinate the work of Classic with the work of others to avoid undue delay in Classic’s ability to perform the Services and install and remove the Rental Items in a timely and efficient manner; (d) ensure a safe, clear path of ingress and egress for delivery and, if applicable, installation, of the Rental Items; and (e) unless installation is included in the Order, fold and stack the Rental Items, rinse and re-rack all dishes, wipe down all catering equipment and return all Rental Items to the drop-off location for Classic to pick-up. If Client has any questions about the space needed for Classic to unload, stage and install the Rental Items it is Client’s responsibility to ask. Client is responsible for any delays or extra costs associated with providing insufficient access or space. Classic may refuse to deliver Rental Items if there is no safe means of ingress and egress, or charge additional labor costs, and Client shall be responsible for all related cancellation fees and additional labor costs.
7. Damage to Non-Rental Items. Classic has no responsibility to move any non-rental items. If, as a courtesy, Classic agrees to move any non-Rental Items, such activity is at Client’s sole risk. Classic shall not be liable for any damage arising therefrom. Provided Classic takes reasonable care to protect such surfaces, Classic shall not be responsible for any damage to pool decks, flooring, grass, tracks or other surfaces on which Client requests Classic drive, walk or install Rental Items.
8. As-Is. Client shall inspect the Rental Items upon pick-up (for will-call orders), arrival and/or upon installation. If Client does not notify Classic of defective, missing or incorrect Rental Items within 2 hours of pick-up or delivery, Client shall be deemed to have accepted the Rental Items in their “as is” condition. If lighting or equipment is being powered by a generator and no redundant power or back up is scheduled for the Event, Classic is not responsible for any damage as a result of mechanical failure.
9. Delivery; Pick-up. For will-call Orders, Client agrees to return to Classic the Rental Items by the agreed return date (“pick-up” date on Order) or be responsible for all pick-up charges. If the Order includes delivery and pick-up, Client agrees to provide a secure storage location and Client accepts all risk including damage to and liability relative to Rental Items for a reasonable period of time until the Rental Items are picked up by Classic. If additional pickups are needed, a delivery surcharge may be assessed.
10. Loss or Damage. Client shall be responsible for any losses or theft of Rental Items, and all damage to Rental Items beyond ordinary wear and tear, while in the possession or control of Client. Linens and drapes must be dry before being placed in bags or they may mildew or be otherwise damaged. Client will pay for all Rental Items lost or damaged in an amount equal to the replacement cost of the Rental Items. As indicated in an Order, a damage deposit may be required. Cleaning fees may be charged if additional cleaning is required to return Rental Items to the condition in which they were provided to Client. The damage deposit is fully refundable if all items are returned in the same condition as delivered, reasonable wear and tear excepted. Damage or loss of items, and excess cleaning fees, will result in reduction or forfeit of damage deposit in an amount of up to the replacement cost of the damaged or lost Rental Items or amount of the cleaning fee.
11. Inventory Protection Plan. Certain Rental Items may be included in Classic’s Inventory Protection Plan (IPP) (not available in all Classic locations). If available, the IPP is not insurance and applies only to Rental Items in the “Tableware Category” (defined below). Pursuant to the IPP, except as otherwise provided below, Classic and Client agree that Classic will waive any claim against Client for physical damage to, or loss of, the Rental Items which are included in the IPP. Excessive loss and damage is not included in this program. “Tableware Category” includes: flatware, dishes, glasses, serving pieces, tablecloths, runners and napkins (other than special orders) and other miscellaneous tabletop items. Client will be billed a flat 12% of gross rental rates related to items in the Tableware Category as set forth in quotes, invoices and Orders. No other Rental Items are included in the IPP and Client is responsible for all loss and damage to such other Rental Items, and any excessive loss or damage to items in the Tableware Category. Client shall be responsible for such costs whether or not Client is insured therefore.
12. Weather Events. Classic will use commercially reasonable efforts to minimize weather related risks of any outdoor Event. However, should any appropriately installed Rental Items become unusable after delivery to the Event due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Classic’s control, Client shall still be liable for payment in full of all charges. At Client’s request, subject to availability, Classic will attempt to repair, reinstall or replace any properly installed Rental Items damaged due to weather events and Client shall pay Classic’s actual costs in connection therewith plus an administrative cost of twenty percent (20%). If there is forecasted to occur during installation extreme weather, Classic may decline to install the Rental Items for the safety of Classic’s workers and others.
13. No Warranties. Classic makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. There is no warranty or representation that the Rental Items are fit for Client’s particular intended use or that they are free of latent defects. Classic shall not be responsible for any defect or failure unknown to Classic. Classic is not the manufacturer of the Rental Items or agent thereof.
14. Injury or Damage. Client will take all necessary precautions regarding the Rental Items, and protect all persons and property from injury or damage while in possession or control of the Rental Items. Client agrees to indemnify, defend and hold harmless Classic from and against any and all liability, claims, judgments, attorney's fees and costs, including, but not limited to, injuries or death to persons and damage to property, occurring while the Rental Items are in the possession or control of Client, arising out of the use, maintenance, operation, possession, or rental of the items rented, however caused, except arising through the sole gross negligence or willful misconduct of Classic.
15. Assumption of Risk. Client is fully aware and acknowledges there is risk of injury or damage arising out of the use or operation of the Rental Items and voluntarily assumes all of the above risks. Client agrees to release and discharge Classic from any and all responsibility or liability from such injury or damage against Classic which Client otherwise may be entitled to assert, except to injury or damage arising through the sole gross negligence or willful misconduct of Classic.
16. Waiver of Special Damages. UNDER NO CIRCUMSTANCE WILL CLASSIC BE LIABLE FOR ANY LOSS OF PROFITS, SAVINGS OR BUSINESS, OR FOR ANY OTHER SPECIAL, INCIDENTIAL, INDIRECT, EXEMPLARY, CONTINGENT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, WITHOUT REGARD TO WHETHER CLASSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Force Majeure. Classic’s performance under this Agreement will be excused or may be delayed or modified without liability in the event of severe weather conditions, strikes, labor disputes, riots, accidents, natural disasters and other Acts of God, and governmental mandates beyond Classic’s control. In such event, Classic will promptly notify Client of such conditions. At Client’s request, Classic will use reasonable efforts to provide substitute Rental Items and Services, subject to each party’s written approval of the substitute Rental Items and Services and Rental Prices and Fees.
18. Tents. If the Rental Items include tents:
a. Client shall be responsible for locating underground utilities and other structures, providing Classic with a diagram showing the location thereof, and for any damage resulting from Classic encountering unmarked underground utilities or structures.
Tents are designed to be secured using stakes or, for asphalt or concrete surfaces, concrete anchors or blocks. Client accepts full responsibility, and shall indemnify, defend and hold Classic harmless, from and against any claims or damage to persons or property resulting from Client requesting any tent be installed and secured in any other manner. Classic is not responsible for repairing asphalt or concrete surfaces damaged in connection with the normal installation process.
b. Client agrees: (i) prior to the time Classic is scheduled to arrive for installation, to clearly mark the exact location of the tent and have the installation area cleared; (ii) to have a representative present at the time of tent erection; and (iii) to have the contents of the tent, other than Rental Items being picked up by Classic, cleared out before the date the tent is to be taken down. In order to install or takedown a tent, Classic must have clear unobstructed space that is larger than the tent by at least 10 feet on each side and end of the tent. Client shall be responsible for additional charges for any delay incurred, or additional labor, resulting from Client’s failure to prepare the installation site in accordance with these specifications or Classic being required to relocate any tent which was installed according to Client’s original instructions.
c. Tents are rented on an “AS IS” basis. Although the canvas and vinyl fabrics of the tents have been treated for water repellency, Classic disclaims any guarantee or warranty as to the effectiveness of such treatment, or that the fabric of such Items will not stretch, shrink, crack, fade, tear, or leak.
d. From the time Classic’s crew leaves after installing the tent, Client shall maintain the tent(s) in good condition. Client shall make no alterations to any tent without Classic’s prior written permission. Signs or banners shall not be affixed to the tent top or walls and may be hung only from the “D” rings or wall rope on the side valance of the tent, or from ropes strung between tent poles. DO NOT USE TAPE ON TENT TOPS OR SIDES. Client shall not to allow cooking, fire or any combustible materials under or with twenty (20) feet of the tent unless such items were included in the Rental Items and were installed by Classic. Any such cooking, fire or combustible materials included in the Rental Items are not moved from the locations in which they were installed by Classic.
e. Tents are temporary structures and will not withstand strong wind, rain, lighting, earthquake or other conditions. A tent installed in a safe manner may become unsafe due to such conditions. Client has responsibility to monitor weather and other conditions, especially wind, and bears all responsibility for the safety of persons and property and the decision whether or not to evacuate the tent and tent areas. Client is responsible for developing an evacuation plan for tents and Client should ensure its on-site personnel are thoroughly familiar with tent evacuation procedures. In the event of a predicted or actual extreme weather events, Classic may decline to install, or may dismantle, any equipment, for the safety of Classic’s and Client personnel, Event attendees and others.
19. Legal Fees. The prevailing party in any dispute under this agreement shall be entitled to recover its attorney's fees and costs in such action or proceeding.