Effective August 22, 2017

This Master Rental Agreement (“Agreement”), dated as on the Rental Order Form, is by and between Bright Event Rentals dba Classic Party Rentals (“CLASSIC”) and the Rented To as on the Rental Order Form (“Customer”).  In consideration of hiring of the equipment described herein (the “Rental Items”), CLASSIC and Customer agree as follows:

  1. SCOPE OF MASTER AGREEMENT.  This Agreement governs all orders between CLASSIC and Customer that are documented with a Rental Order Form.  Rental Order Forms will be completed for specific Rental Items on specific occasions.  CLASSIC 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 CONSENTBy 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 CLASSIC.

PICKUP, DELIVERY AND SET UP:

  1. RECEIPT/INSPECTIONCustomer 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:
          1. Personally inspected the Rental Items and confirmed receipt of all items listed in this Agreement;
          2. Found the Rental Items suitable to Customer’s needs; and
          3. Found the Rental Items to be in good working order and repair.
      1. If Customer arranges for CLASSIC 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.
  2. NO LOADING. If Customer picks up Rental Items from CLASSIC, 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.
  3. DELIVERY VEHICLE ACCESS.  If Customer requests delivery of Rental Items by CLASSIC 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. CLASSIC 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 CLASSIC vehicles are damaged in making deliveries to Customer, Customer shall be liable to CLASSIC for the resulting damage to property or vehicles.  In the event that CLASSIC has to make a second trip an additional delivery charge will be assessed.
  4. SITE PREPARATIONCustomer 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 CLASSIC 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 CLASSIC installation crew unless CLASSIC has been retained for the equipment breakdown.  If Customer fails to do so, then Customer shall pay all costs resulting from any delay.
  5. ELECTRIC POWER AND LIGHTING.  Except where Customer’s order includes generators supplied by CLASSIC, Customer shall furnish CLASSIC access to and the right to use Customer’s electrical and power lines for the installation and operation of the Rental Items.
  6. UNDERGROUND FACILITIESCustomer 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 CLASSIC’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 CLASSIC 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.
  7. WEATHER RELATED RISKSCustomer 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 CLASSIC’s control, Customer shall still be liable for payment in full of all charges.

OPERATION OF RENTAL ITEMS:

  1. NO OPERATORS.  Unless specifically agreed, CLASSIC does not furnish, directly or indirectly, any personnel or staff to operate Rental Items. 
  2. CUSTOMER RESPONSIBILITY FOR OPERATION. Customer acknowledges and agrees that:
          1. Customer understands the proper operation and use of Rental Items;
          2. CLASSIC has offered to provide, upon reasonable prior notice, additional instruction to Customer regarding the use of Rental Items; and
          3. Customer is ultimately responsible for the operation and care of Rental Items.
          4. 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 CLASSIC of the problem.
  3. PROPER OPERATION AND USE.  Customer shall not allow any person to operate or use the Rental Items:
          1. Who is not qualified.
          2. If the Rental Item is in need of repair or is in an unsafe condition or situation.
          3. For anything other than its intended purpose/function.
      1. Customer shall not:
          1. Modify, misuse, harm or abuse the Rental Items; or,
          2. Make any repair to the Rental Items without CLASSIC’s prior written consent.
      2. Customer shall visually inspect the Rental Items at least daily and immediately discontinue use and notify CLASSIC if Rental Items are in need of repair or maintenance or are not functioning properly.  CLASSIC has no responsibility to inspect Rental Items while Rental Items are in Customer’s possession. 
  4. REPLACEMENT OF MALFUNCTIONING ITEMSCLASSIC 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.
  5. NO COOKING UNDER TENTSCustomer 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:

  1. CUSTOMER RESPONSIBILITY FOR RENTAL ITEMSOnce 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 CLASSIC 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.
  2. EQUIPMENT PROTECTION PLANCustomer has the option to accept CLASSIC’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 CLASSIC 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 CLASSIC 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:
          1. Rental items not returned;
          2. Theft;
          3. Damage resulting from vandalism or intentional or improper misuse;
          4. Damage resulting from failure to secure Rental Items during transport, overloading or exceeding the rated capacity of the Rental Items;
          5. Damage to motors or other electrical appliances or devices caused by artificial current;
          6. Any damage resulting from overturning;
          7. 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;
          8. Any damage due to weather; and
          9. Any Damage to third party sub rental items or specialty linens.
  3. RETURNCustomer shall return all Rental Items to CLASSIC 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 CLASSIC 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 CLASSIC. Customer shall be responsible for all travel costs incurred by CLASSIC 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 CLASSIC’s personnel and mileage at $2.50 per mile.   
  4. CLEANINGChina, 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. 
  5. LINENSTable linens will be inspected prior to Customer taking possession and upon their return to CLASSIC.  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.  CLASSIC Rentals provides blue linen return bags and silver hanger 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:

  1. INDEMNITY/HOLD HARMLESSCustomer assumes all liability for, and agrees to defend, indemnify, hold harmless and protect CLASSIC, its owners, shareholders, agents, officers, directors, employees, successors and assigns (“CLASSIC 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 CLASSIC Indemnified Parties. 

OTHER IMPORTANT TERMS AND CONDITIONS:

  1. 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 charges will apply.
  2. POSSESSION/TITLETitle to the Rental Items is and shall remain vested in CLASSIC.  If Customer fails to timely return physical possession of the Rental Items in accordance with this Agreement, CLASSIC 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 CLASSIC Indemnified Parties from any and all claims and costs arising out of CLASSIC’s recovery of physical possession of the Rental Items.
  3. INTEREST ON LATE PAYMENTCustomer shall pay a monthly finance charge of 2% on all balances which are delinquent in excess of 30 days. 
  4. NO LIENS. Customer shall not allow the imposition of a lien upon any Rental Item.
  5. DISCLAIMER OF WARRANTIESCLASSIC 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.  CLASSIC 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.  CLASSIC shall not be responsible for any defect or failure unknown to CLASSIC.  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 CLASSIC immediately of such failure and returns the Rental Items to CLASSIC within twenty-four (24) hours of such failure.
  6. COMPLIANCE WITH LAWSCustomer 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. 
  7. PURCHASE ORDERSIf 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.
  8. 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.
  9. DEFAULTShould Customer fail to observe or comply with any provision of this Agreement, CLASSIC 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 CLASSIC.  Exercise of any remedy available to CLASSIC shall not constitute an election of remedies or a waiver of any additional remedies to which CLASSIC may be entitled.
  10. 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.
  11. NOTICE OF NON-WAIVER/SEVERABILITYAny failure of CLASSIC to insist upon strict performance by Customer of any provision of this Agreement shall not waive CLASSIC’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.
  12. CONSUMER PRODUCTS EXPOSURE WARNINGThe Rental Items contain or produce one or more chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.
  13. GOVERNING LAW. This Agreement shall be governed by California Law and it shall be deemed entered into in California. Customer and CLASSIC agree to submit to personal jurisdiction in California.
  14. PROMOTIONAL USE. Customer remains responsible for all obligations under this Agreement even if CLASSIC 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 CLASSIC.
  15. 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.
  16. ELECTRONIC SIGNATURE. Customer may accept the terms of this Agreement electronically when it orders the Rental Items from CLASSIC.  CLASSIC may email Customer confirmation of such acceptance along with a copy of this Agreement, and CLASSIC 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.

 

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