TERMS AND CONDITIONS
The following details our contractual terms and conditions. Once a client understands and is satisfied with the terms of the contract, a copy will be signed by both Varsity and the client prior to any rental.
EVENT DATE LOCATION PICK-UP TIME/DATE RETURN TIME/DATE:
1. Client agrees to deposit with AS Special Events Party and Tent Rentals, Inc. as a damage deposit for the equipment noted on the Rental Form the sum of ___AMOUNT DEPENDS ON RENTAL ITEMS payable as set forth in. The client acknowledges receipt of a copy of the regulations governing the use of AS Special Events Party and Tent Rentals, Inc. equipment and agrees to be bound by the terms thereof. AS Special Events Party and Tent Rentals, Inc. will return all or a portion of this damage deposit to the Client promptly after AS Special Events Party and Tent Rentals, Inc. has had reasonable opportunity to inspect the equipment provided and deducted any sum for repair or replacement. If no damage deposit is required, the Client agrees that AS Special Events Party and Tent Rentals, Inc. may charge the customer for any additional fees or damage. AS Special Events Party and Tent Rentals, Inc. will supply the Client with an invoice before charging any additional fees.
2. The Client hereby covenants and agrees to pay a sum of TOTAL OF RENTAL FEES for the use of the equipment. Equipment will be reserved upon receipt of a signed contract, signed Invoice, 50% of total charges and the required damage deposit. The final 50% of rental fees must be paid no later than 21 days before the event. The Client will be required to pay a $30.00 fee on all returned checks. AS Special Events Party and Tent Rentals, Inc. does not accept checks within 21 days of the contracted event date.
3. The amount of rental equipment and services must be finalized no less than 21 days prior to the event. The final fee will be based upon the amounts of equipment, goods and services agreed to as of that time. AS Special Events Party and Tent Rentals, Inc. does not guarantee the availability of rental items until the Client has signed and returned the Contract and Invoice and paid the required fees.
4. The client shall have possession of the equipment for the purpose and term aforesaid. Client hereby waives and releases any claim for damages against AS Special Events Party and Tent Rentals, Inc., its employees and third-party contractors hired by AS Special Events Party and Tent Rentals, Inc. on account thereof.
5. All equipment must be used according to rules set forth in the contract.
6. If AS Special Events Party and Tent Rentals, Inc. allows Client to pick up contracted rental items more than 24 hours before the “Event Date” listed above, AS Special Events Party and Tent Rentals, Inc. reserves the right to change the pick-up time/date. The client will always be allowed to pick up rental items no less than 24 hours before the “Event Date” listed above.
7. The Client agrees to and shall indemnify and hold harmless and defend AS Special Events Party and Tent Rentals, Inc., its employees and third-party contractors hired by AS Special Events Party and Tent Rentals, Inc. from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney’s fees, for injury to or death of any person, or damage to any kind of property, or for any breach of contract arising out of or in connection with this rental agreement and the purposes for which this rental agreement was entered into, including but not limited to property damage, injuries, and death due to the act, omission, mistake, fault, default, or negligence of (1) AS Special Events Party and Tent Rentals, Inc., its employees and third-party contractors hired by AS Special Events Party and Tent Rentals, Inc. (2) the Client, its agents and employees; and (3) any invitees, licenses or guests of the Client.
8. Cancellations: Any reservation canceled 90 days or more before the contracted event date will be charged a restocking fee of 30% of the rental fees for the item or service that is being canceled, and the damage deposit will be refunded. If the reservation is canceled within 45 days of the contracted event date, the client will forfeit all fees paid to AS Special Events Party and Tent Rentals, Inc., excluding the damage deposit.
9. The Client assumes responsibility for all items rented from AS Special Events Party and Tent Rentals, Inc. from the time of delivery or picks up to the time the items are returned. This includes the handling racks and boxes that transport the equipment and the packaging materials. Replacement costs for lost or damaged items (including boxes, crates, packing materials, hangers, etc.) will be retained from the damage deposit or billed to the Client if the amount is greater than the damage deposit. Client agrees AS Special Events Party and Tent Rentals, Inc. may charge Client’s credit or debit card if already on file. In the event of serious damage, AS Special Events Party and Tent Rentals, Inc. reserves the right to repair or replace the damaged item or items in its discretion at the Client’s sole expense. All collection fees, attorney fees, court costs, or any expense involved in the collections of rental charges will be the Client’s responsibility.
10. All linens should be free of loose items before returning. Linens that are damaged in any way, including candle wax, ink, mildew or other unusual damage will be considered sold to the rental Client. At that time, replacement cost at an amount equal to three times the contracted rental fee for the linen will be charged to the Client or retained from their damage deposit. The Client will be notified, and the damaged linens will be held up to 10 days for Client pickup. After that time, the linens will be discarded.
11. The Client is responsible for counting and inspecting items upon delivery; otherwise amounts delivered will be considered correct. If you did not receive your contracted rental items or believe the items are not in the appropriate condition, please notify AS Special Events Party and Tent Rentals, Inc. within 8 hours after you picked up the items to avoid being charged replacement fees.
12. All equipment is to be returned clear of food matter, candle wax and other items, and in the handling racks in which they were delivered. Failure to do so will result in charges for the extra time and materials used to repackage the items at a rate of $20.00 per hour. Client agrees to pay replacement costs for any missing or damaged items. If items are found missing or damaged at pickup/return, a detailed invoice of the charges will be provided to you. Failure to return items will result in legal action against the Client. The Client will be responsible for any collection costs including collecting agency fees, attorney fees, court costs, and any other costs incurred in collecting any charges due to AS Special Events Party and Tent Rentals, Inc.
13. Please be sure your site is ready (doors unlocked, tables set up, etc.) before AS Special Events Party and Tent Rentals, Inc. is scheduled to deliver. If the site is not ready or accessible when AS Special Events Party and Tent Rentals, Inc. arrives or if the equipment cannot be dropped directly on site (extra handling involved), the Client will be charged an additional fee based on the additional time required to deliver the items. If AS Special Events Party and Tent Rentals, Inc. cannot deliver the rental items, the items may be taken back to the warehouse.
14. AS Special Events Party and Tent Rentals, Inc. is under no contract with the Client other than what is stated above. We hold the right to refuse, deny and/or hold any order regardless of the length of the business relationship. We hold the right to refuse, deny and/or hold any order due to lack of payment for original invoices, late fees, replacement fees and/or any other fee outlined above. AS Special Events Party and Tent Rentals, Inc. is not responsible for the fees charged by any other company for your rental needs due to AS Special Events Party and Tent Rentals, Inc. refusing, denying and/or holding orders.
The deposit is non-refundable.
Unless other arrangements have been made in writing, the Customer agrees to obtain all necessary permits (municipal or otherwise) at their expense and deliver the same to As Special Events Inc. before the installation of the equipment.
The Customer agrees to clear the site upon which the equipment is to be installed of all structures and other impediments. As Special Events Inc. shall not be responsible for damage to the ground or any paved portion of the site, nor for damage to trees, flowers or shrubs adjacent to the lands resulting from the installation of the equipment. If the terrain is not suitable to hold the type of stakes normally used to secure the tents, an additional charge will be made for special posts or other equipment as required.
STORM CONDITIONS AT THE TIME OF INSTALLATION:
If in the opinion of As Special Events Inc., the weather conditions at the time of tent installation are such that there is a clear risk of damage to the equipment during the installation procedure, the Customer shall elect between postponing the installation until the following day or canceling this agreement (subject to the payment of a cancellation charge of 1/3 the total price).
Prior to the commencement of installation, the Customer shall clearly identify to As Special Events Inc. the location of all underground pipes, wires, or other utility equipment on the grounds. In the event of default in this connection, the Customer shall be responsible for all damage to said utilities caused by tent stakes or other equipment.
DAMAGE TO THE EQUIPMENT:
The Customer shall be liable to As Special Events Inc. for all damage, including but not limited to the disappearance, soiling or staining of all or any part of the equipment. In the event of damage to the equipment due to any cause whatsoever, the Customer agrees to notify As Special Events Inc. of this damage within 12 hours.
ACTS OF GOD:
AS Special Events Inc. shall not be responsible to the customer for any delays or noncompletion of the contract caused by Acts of God, strikes, boycotts, civil insurrections or commotion or any other outside of As Special Events Inc.’s control.
The Customer shall ensure that there is no accumulation of snow or ice on the roof of the tent structure.
Although As Special Events Inc. uses only flame-resistant fabrics in its tent structures, it does not warrant that all equipment is fireproof or flame resistant. The Customer shall take every precaution to prevent fire and, in the event of any neglect in this regard, the Customer shall make good on any damage suffered by As Special Events Inc.
The Customer shall take all necessary precautions to prevent accidents accruing as a result of persons falling over or coming into contact with the tent or any of its support structures (including guy ropes, wires, stakes and other equipment used to support and secure the tent). In the event of an accident occurring in this regard, the Customer indemnifies As Special Events Inc. against all claims, damages, fees, and expenses of such accidents.
The customer shall take all necessary precautions to prevent loss of or any damage to the equipment by vandalism, defacement, theft, arson or other unlawful behavior, and, in the event of default in this connection, the Customer shall be responsible to make good on all such loss or damage.
If there is any failure in the equipment, whether in the form of total collapse or other damage so that the equipment cannot be fully and safely used, and if the said failure is caused by winds exceeding 60 kilometers an hour or by lightning, hail, snow, sleet or freezing rain, As Special Events Inc. shall not be liable for any loss or damage incurred by the customer arising from such failure. If any claim is made against As Special Events Inc. by a third party for loss or damage arising from such failure, the Customer shall indemnify and save harmless As Special Events Inc. from any such claim, and the Customer shall remain liable to As Special Events Inc. for all rental charges prorated up to the time of such failure. If the Customer wishes As Special Events Inc. to re-install the tent for the balance of the rental term, As Special Events Inc. shall do so provided the Customer pays for the cost of such additional installation work and provided As Special Events Inc. has substitute equipment available if required.
STALLS, BOOTHS, OR LIGHTING TRUSS:
The Customer agrees that no stalls, display booths or lighting truss shall be constructed under the tent within a distance of 10 inches from the roof of the tent.
In the event that it is necessary for As Special Events Inc. to employ a lawyer to recover the equipment or collect the rental or any damages properly payable by the customer, the Customer shall reimburse As Special Events Inc .for all legal costs.
No alterations of any kind to this contract shall be binding upon As Special Events Inc. unless otherwise authorized in writing by an officer of As Special Events Inc.
The Customer agrees to obtain and maintain insurance coverage for the full insurable value of the equipment, with As Special Events Inc. named as an additional insured and such insurance to cover damages occasioned by fire, theft, flood, explosion, accident, Acts of God, or any other cause, and obtain and maintain comprehensive general public liability insurance coverage relating to the use of the equipment in the amount of at least two million dollars ($2,000,000) per occurrence or accident, with As Special Events Inc. named as additional insured. The policies shall not be cancelable except upon at least 30 days written notice to As Special Events Inc.
This agreement shall be governed and construed in accordance with the laws of the province of Ontario. The parties hereto attorn and submit to the laws of the province of Ontario.
NAME AND RIGHT:
Whatever the equipment is rented from AS Special Events, the customer has only the right to use the equipment, according to the terms of the agreement. We have the right to claim the ownership of our equipment by displaying some identifying markings or coats, which the customer needs to agree not to remove or cover those marking at any cost unless with the written approval from us.
AS Special Events are not the manufacturer of the rented equipment, so no assurance or warranty on the material workmanship is provided. There will be no guarantee that the best suitable equipment for the customer is free from the defects and all the warranties of suitability are specifically waived by the customer.
HOLD HARMLESS PROVISION:
The customer is enforceable to secure, assure and hold harmless provision of AS Special Events from and against all the losses, damages and related to the delivery, loading, unloading, assembling, installation, dismantling, and use of rented equipment or any injury or damage for our team during installation of the equipment. The agreement in this reveals that an affordable attorney’s fee will be paid by us in defending suits and actions involving the legal responsibility of the exemplary damages.
The customers know that every order will be arranged for delivery in prior to the delivery date. According to the rental agreement, the customer agrees to the rules. If there is a need to cancel or reduction of the equipment you must do at least 14 days in advance of the delivery date. If it is related to the tent or tent equipment the cancellation must be done before 7 days of delivering otherwise a 100% restocking charge will be incurred to the customer.
The customer has the right to have a personal examination of the equipment in prior to which he finds it more suitable and if any defects are noticed you can clearly notify us. A clear examination is done on the returned equipment to find the faults, but if we notice that it is safe and in good condition no refund will be credited to the customer.
REPLACEMENT OF DEFECT EQUIPMENT:
If any equipment is not safe to use or it is in poor condition, then you can straightaway call to AS Special Events team to notify the defects and we immediately repair or replace the equipment with well functioning one. We are not responsible for any minor or significant delay in replacing the equipment. If AS Special Events notices that the replaced equipment is in good condition then an additional charge will be charged for the delivery of the equipment.
SUB RENTAL, LOANS ON EQUIPMENT:
Whatever the equipment is rented at AS Special Events, the customer can offer sub-rental or loans on the equipment with a written agreement with us, but if the customer with a suspected job is noticed then it is avoided.
RETURN OF EQUIPMENT:
At the end of this agreement, the customer needs to return all the equipment to AS Special Events, on our premises during our working hours in the same working condition of the equipment at the time of delivery to the customer. If any damages or loss of the equipment is noticed the customer is responsible to pay for it. Or if any case if you want to extend the time period of the rental equipment a mutual written agreement must be written.
INSPECTION AT ANY TIME:
AS Special Events have the right to inspect at any time at the customer premises, where the equipment is placed to check its usage or to remove it from the customer premise.
PERMITS AND LICENSE:
The customer has some costs and before the installation of the equipment, all the necessary permits and authorization are provided unless if any charges are included on the confirm order to grant some permit.
AGREEMENT WITH THE LAW OF SAFETY REGULATIONS:
The customer agrees to the single price to comply with the municipal, county, state, and federal laws, ordinances, and regulations, including the Occupational Safety & Health Administration, which influence the equipment when it is in the control and used by the customer. The customer should not allow any person who is legal to use the equipment.
An extra charge will be charged if the equipment needs to be delivered to the upstairs or to any point where extra time is involved. In our services, there is no arrangement and knockdown of the tables or chairs are included if you require these services you should request a quote a few days prior. If you have not arranged for table arrangement services and the tables are not knocked down and arranged in one area then we leave them for the next day. An additional one day rent is charged and if the tables and chairs remain in the same order a knockdown fee will be charged. Chairs and tables are to be restocked on carts as received on delivery.
The glassware, flatware must be cleaned with free of food and repacked properly in the given containers otherwise an extra charge will be charged. Special cleaning payment is charged for BBQ Grills and Cooking Equipment.
Each and every table linens are inspected clearly before providing to the customer with a receipt. At the time of delivery of the linen if we notice excessive stains, burns or tears the customer will be charged the replacement price of the linen. Linens must be returned in the same bags provided by us without any wet and dust-free.
WEATHER CONCERNED RISKS:
The weather-related risks such as high wind, snowfall, rain, flooding and extreme hot or cold due to which the outdoor tent becomes unable to use due to the above factor the customer is the one who is responsible to pay for it.
PREPARATION OF SITE:
The customer needs to clear the area where the equipment needs to be set up before the AS Special Events team arrivals to your place and also you need to agree to clear all the tent area with decorative items before we come for pick up. If the customer fails to do so, then he or she needs to pay all the delay charges and additional rental fees.
All the tents hired from As Special Events are stretchable and are drenched with waterproofing compounds. We do not assure you that every tent is waterproof with shade structures.
HEATING SOURCES UNDER OR NEAR TENTS:
The customer is not allowed to do any kind of cooking or heating under or near the tent. The customers are fully responsible for the damage and cleaning cost due to cooking under the tent.
Note: Patio heaters are strictly prohibited near or under the tents.
ELECTRIC POWER AND LIGHTING:
The customer needs to use their own electric power to lighten up or install the rental equipment.
Customers agree to have complete underground facilities around the surrounding areas, where the equipment is to be installed before AS Special Events team crew approaches them. If any damages are identified the customer is responsible for it.
STAGING OR DANCE FLOORS:
AS Special Events is not responsible for any damage to the floors due to the placement of our rental equipment.