The Design Experience Weddings & Events, LLC

Terms & Conditions

The Design Experience Weddings & Events, LLC, hereby agrees to rent to the Customer the equipment described on the face of this agreement or in attached schedules in accordance with the following agreement:

1. TITLE AND OWNERSHIP. The rented equipment shall at all times be and remain the sole and exclusive property of The Design Experience Weddings & Events, LLC. Customer shall have only the rights to use the equipment in accordance with the terms of this agreement. The Design Experience Weddings & Events, LLC shall have the right to display notice of its ownership of the equipment by display of an identifying stencil, plate or other markings, and Customer agrees that it will not remove or cover such markings without the written permission of The Design Experience Weddings & Events, LLC. It is expressly intended and agreed that the equipment shall be personal property even though it may be affixed or attached to real estate. The equipment shall not be removed from the place of delivery or installation without the expressed written permission of The Design Experience Weddings & Events, LLC.

2. WARRANTIES.The Design Experience Weddings & Events, LLC is neither the manufacturer of the rented property nor the agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and Customer expressly waives all such warranties of fitness which may be accorded by law or otherwise. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for customers intended use, or that it is free from defects, and any and all such warranties of fitness, or otherwise, are expressly and specifically waived by customer.

3. HOLD HARMLESS AGREEMENT. Customer shall defend, indemnify and hold harmless The Design Experience Weddings & Events, LLC, its employees, agents and subsidiaries, from and against all claims, liabilities, losses, damages to property or otherwise, and expenses, of every character whatsoever, resulting from the actions, negligent or otherwise, of the Customer. The indemnities included in this exhibit shall include reasonable attorneys' fees paid by The Design Experience Weddings & Events, LLC in defending suit and actions involving liability covered by the indemnification provision in this paragraph.

4. RESTOCKING. Any reservation cancelled 90 days or more before the contracted event date will be refunded the 25% damage deposit. If the reservation is cancelled 45 days before the contracted event date, the customer will be charged a restocking fee of 30% of the rental fees for the item or service that is being cancelled, and the damage deposit will be refunded. If the reservation is cancelled less than 45 days of the contracted event date, the client will forfeit all fees paid to The Design Experience Weddings & Events, LLC, excluding the damage deposit.

5. INSPECTION. Customer acknowledges that he/she has had an opportunity to personally inspect the equipment and finds it suitable for his needs and in good condition. Customer understands its proper use. Customer further acknowledges Customer responsibility to inspect the equipment prior to its use and to notify The Design Experience Weddings & Events, LLC of any defects. If The Design Experience Weddings & Events, LLC is notified of faulty equipment or defects upon Customer return of items, The Design Experience Weddings & Events, LLC will inspect the equipment to verify items were un-usable. Refunds are based upon inspection and are not guaranteed. If items are found to be in good and working order, no refund will be credited to the Customer.

6. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If equipment becomes unsafe and/or in disrepair for any reason, the Customer agrees to discontinue its use and notify The Design Experience Weddings & Events, LLC immediately. The Design Experience Weddings & Events, LLC will replace the equipment with similar equipment in good working order if available, and if the defect is the result of normal use. The Design Experience Weddings & Events, LLC is not responsible for any incidental or consequential damages caused by delays or otherwise, and Customer hereby waives any right or entitlement thereto. If The Design Experience Weddings & Events, LLC replaces the equipment and upon testing the original equipment, discovers that the equipment is in good working order, additional charges may occur for delivery of replacement equipment.

7. ASSIGNMENTS, SUBRENTALAND LOANS OF EQUIPMENT. The Customer may not sub-rent or loan the equipment without The Design Experience Weddings & Events, LLCs’ written permission. Any purported assignment by the Customer is void.

8. RETURN OF EQUIPMENT. All rental terms are based on a 3 day rental. At the termination of this agreement, Customer shall return all rented items to The Design Experience Weddings & Events, LLC at the agreed pick up location and time. The Design Experience Weddings & Events, LLC business hours are between 9am-5pm Monday-Friday. Saturdays and Sundays are by appointment only. A fee of $20.00 will be assessed if delivery and/or pickup are outside of normal business hours. Time is of the essence in this agreement. Any extension must be communicated to The Design Experience Weddings & Events, LLC and mutually agreed upon in writing.

9. LOSS DAMAGE WAIVER. Customer shall be liable for all damages to or loss of the Equipment occurring during rental term. The Design Experience Weddings & Events, LLC requires a retainer fee of $100.00 and a credit/debit card will be placed on file. The retainer fee will be refunded upon inspection of rented equipment. Refunds are based upon inspection and are not guaranteed. If items are found not to be in good and working order, it is at the discretion of The Design Experience Weddings & Events, LLC of the charge of the damaged or loss items. In some cases, no refund will be credited to the Customer and the Customer may owe additional monies. The Design Experience Weddings & Events, LLC reserves the right to charge the credit card placed in the customers file. Customer shall be responsible for all losses or damage to the equipment from time of pickup/delivery to Customer and until pickup/return to The Design Experience Weddings & Events, LLC.

10.INSPECTION BYTHE DESIGN EXPERIENCE WEDDINGS & EVENTS, LLC. The Design Experience Weddings & Events, LLC shall at all times have the right to enter any premises where the equipment may be located for purposes of inspecting it, observing its use, or removing it from Customer's premise.

11. COMPLIANCE WITH LAW and SAFETY REGULATIONS. As The Design Experience Weddings & Events, LLC has no control over the use of rented equipment by Customer. Customer agrees at its sole expense to comply with all municipal, county, state, and federal laws, ordinances, and regulations, including the Occupational Safety & Health Administration Act of 1970 which may affect the equipment while it is in the possession of and use by the Customer. Customer shall not permit any person who is not legally qualified to use equipment.

12. DELIVERY/PICK UP/RETURN. Delivery is made to the closest point a delivery truck can park. Extra charges will result in deliveries to up/downstairs, elevator use or any point where extra time is involved. Our service does not include set up and break down. If this service is requested, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. If time permits, we will try to accommodate you after quoting the price. Upon pick up, all rented items must be broken down, cleared of any decorations and/or debris, repacked properly in containers provided and assembled in one sheltered area. A break down fee will result if equipment is still up. Upon return, all rented items must be cleared of any decorations and/or debris and repacked properly in containers provided or additional charges will be assessed.

13. CLEANING. China, Glassware, and Flatware must be returned rinsed, scraped free of food and repacked properly in containers provided or additional charges will be assessed.

14. LINENS/DRAPES. Table linens/drapes are inspected prior to release to customer and upon receipt from customer. If there is obvious damage such as mildew, excessive stains, burns or tears, you will be charged the replacement cost of the linen/drapes. Return all linens dry and free of waste. Linens are to be placed in linen bag(s) provided. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG - mildew will result. Drapes are to be placed in linen bag(s) provided. PLEASE DO NOT PLACE TABLE LINENS AND DRAPES IN THE SAME BAG(S).

15. LOSS, SHORTAGES, DIRTY, OR DAMAGED EQUIPMENT. Customer agrees to pay for any damage to rented equipment regardless of cause, except reasonable wear and tear, while equipment is out of possession of The Design Experience Weddings &Events, LLC. Customer also agrees to pay a reasonable cleaning charge for all equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair or damaged goods. Rental Equipment damaged beyond repair will be paid for by Customer at its Replacement Cost when rented. The cost of repairs will be borne by the Customer, whether performed by The Design Experience Weddings & Events, LLC or at The Design Experience Weddings & Events, LLCs' option by others.

16. STOLEN PROPERTY. The Customer agrees to pay for equipment at its Replacement Cost when rented for all types of theft or mysterious disappearance. If the rented equipment is not returned to The Design Experience Weddings & Events, LLC within two days of date specified on the face of this contract, such equipment shall be considered stolen. In such event, Customer may be prosecuted in accordance with any Georgia Criminal Laws that may apply.

17. COLLECTION COSTS. The Customer agrees to pay all reasonable collection, attorneys, and court fees and other expenses involved in the collection of charges or enforcement of The Design Experience Weddings & Events, LLC rights under this contract.

18. WEATHER RELATED RISKS. Customer assumes all weather related risks involved in holding an outdoor event. Should any equipment become damaged and/or unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond The Design Experience Weddings & Events, LLC’s control, Customer shall still be liable for payment in full of all charges.




 
I HAVE READ AND AGREE TO THE ABOVE TERMS & CONDITIONS AND ACKNOWLEDGE RECEIPT. THIS CONTRACT IS VALID FOR ALL RENTALS PURCHASED BY THIS CUSTOMER, AND SUPERSEDES ALL PRIOR CONTRACTS

 

Customer Name (print) ____________________________________________________

 

Customer Signature _______________________________________________________

 

Driver’s License #/ Exp. date/ CCV # _________________________________________

 

Date __________________________ 

The Design Experience Weddings & Events, LLC

Terms & Conditions

The Design Experience Weddings & Events, LLC, hereby agrees to rent to the Customer the equipment described on the face of this agreement or in attached schedules in accordance with the following agreement:

1. TITLE AND OWNERSHIP. The rented equipment shall at all times be and remain the sole and exclusive property of The Design Experience Weddings & Events, LLC. Customer shall have only the rights to use the equipment in accordance with the terms of this agreement. The Design Experience Weddings & Events, LLC shall have the right to display notice of its ownership of the equipment by display of an identifying stencil, plate or other markings, and Customer agrees that it will not remove or cover such markings without the written permission of The Design Experience Weddings & Events, LLC. It is expressly intended and agreed that the equipment shall be personal property even though it may be affixed or attached to real estate. The equipment shall not be removed from the place of delivery or installation without the expressed written permission of The Design Experience Weddings & Events, LLC.

2. WARRANTIES.The Design Experience Weddings & Events, LLC is neither the manufacturer of the rented property nor the agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and Customer expressly waives all such warranties of fitness which may be accorded by law or otherwise. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for customers intended use, or that it is free from defects, and any and all such warranties of fitness, or otherwise, are expressly and specifically waived by customer.

3. HOLD HARMLESS AGREEMENT. Customer shall defend, indemnify and hold harmless The Design Experience Weddings & Events, LLC, its employees, agents and subsidiaries, from and against all claims, liabilities, losses, damages to property or otherwise, and expenses, of every character whatsoever, resulting from the actions, negligent or otherwise, of the Customer. The indemnities included in this exhibit shall include reasonable attorneys' fees paid by The Design Experience Weddings & Events, LLC in defending suit and actions involving liability covered by the indemnification provision in this paragraph.

4. RESTOCKING. Any reservation cancelled 90 days or more before the contracted event date will be refunded the 25% damage deposit. If the reservation is cancelled 45 days before the contracted event date, the customer will be charged a restocking fee of 30% of the rental fees for the item or service that is being cancelled, and the damage deposit will be refunded. If the reservation is cancelled less than 45 days of the contracted event date, the client will forfeit all fees paid to The Design Experience Weddings & Events, LLC, excluding the damage deposit.

5. INSPECTION. Customer acknowledges that he/she has had an opportunity to personally inspect the equipment and finds it suitable for his needs and in good condition. Customer understands its proper use. Customer further acknowledges Customer responsibility to inspect the equipment prior to its use and to notify The Design Experience Weddings & Events, LLC of any defects. If The Design Experience Weddings & Events, LLC is notified of faulty equipment or defects upon Customer return of items, The Design Experience Weddings & Events, LLC will inspect the equipment to verify items were un-usable. Refunds are based upon inspection and are not guaranteed. If items are found to be in good and working order, no refund will be credited to the Customer.

6. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If equipment becomes unsafe and/or in disrepair for any reason, the Customer agrees to discontinue its use and notify The Design Experience Weddings & Events, LLC immediately. The Design Experience Weddings & Events, LLC will replace the equipment with similar equipment in good working order if available, and if the defect is the result of normal use. The Design Experience Weddings & Events, LLC is not responsible for any incidental or consequential damages caused by delays or otherwise, and Customer hereby waives any right or entitlement thereto. If The Design Experience Weddings & Events, LLC replaces the equipment and upon testing the original equipment, discovers that the equipment is in good working order, additional charges may occur for delivery of replacement equipment.

7. ASSIGNMENTS, SUBRENTALAND LOANS OF EQUIPMENT. The Customer may not sub-rent or loan the equipment without The Design Experience Weddings & Events, LLCs’ written permission. Any purported assignment by the Customer is void.

8. RETURN OF EQUIPMENT. All rental terms are based on a 3 day rental. At the termination of this agreement, Customer shall return all rented items to The Design Experience Weddings & Events, LLC at the agreed pick up location and time. The Design Experience Weddings & Events, LLC business hours are between 9am-5pm Monday-Friday. Saturdays and Sundays are by appointment only. A fee of $20.00 will be assessed if delivery and/or pickup are outside of normal business hours. Time is of the essence in this agreement. Any extension must be communicated to The Design Experience Weddings & Events, LLC and mutually agreed upon in writing.

9. LOSS DAMAGE WAIVER. Customer shall be liable for all damages to or loss of the Equipment occurring during rental term. The Design Experience Weddings & Events, LLC requires a retainer fee of $100.00 and a credit/debit card will be placed on file. The retainer fee will be refunded upon inspection of rented equipment. Refunds are based upon inspection and are not guaranteed. If items are found not to be in good and working order, it is at the discretion of The Design Experience Weddings & Events, LLC of the charge of the damaged or loss items. In some cases, no refund will be credited to the Customer and the Customer may owe additional monies. The Design Experience Weddings & Events, LLC reserves the right to charge the credit card placed in the customers file. Customer shall be responsible for all losses or damage to the equipment from time of pickup/delivery to Customer and until pickup/return toThe Design Experience Weddings & Events, LLC.

10.INSPECTION BYTHE DESIGN EXPERIENCE WEDDINGS & EVENTS, LLC. The Design Experience Weddings & Events, LLCshall at all times have the right to enter any premises where the equipment may be located for purposes of inspecting it, observing its use, or removing it from Customer's premise.

11. COMPLIANCE WITH LAW and SAFETY REGULATIONS. As The Design Experience Weddings & Events, LLC has no control over the use of rented equipment by Customer. Customer agrees at its sole expense to comply with all municipal, county, state, and federal laws, ordinances, and regulations, including the Occupational Safety & Health Administration Act of 1970 which may affect the equipment while it is in the possession of and use by the Customer. Customer shall not permit any person who is not legally qualified to use equipment.

12. DELIVERY/PICK UP/RETURN. Delivery is made to the closest point a delivery truck can park. Extra charges will result in deliveries to up/downstairs, elevator use or any point where extra time is involved. Our service does not include set up and break down. If this service is requested, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. If time permits, we will try to accommodate you after quoting the price. Upon pick up, all rented items must be broken down, cleared of any decorations and/or debris, repacked properly in containers providedand assembled in one sheltered area. A break down fee will result if equipment is still up. Upon return, all rented items must be cleared of any decorations and/or debris and repacked properly in containers provided or additional charges will be assessed.

13. CLEANING. China, Glassware, and Flatware must be returned rinsed, scraped free of food and repacked properly in containers provided or additional charges will be assessed.

14. LINENS/DRAPES. Table linens/drapes are inspected prior to release to customer and upon receipt from customer. If there is obvious damage such as mildew, excessive stains, burns or tears, you will be charged the replacement cost of the linen/drapes. Return all linens dry and free of waste. Linens are to be placed in linen bag(s) provided. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG - mildew will result. Drapes are to be placed in linen bag(s) provided. PLEASE DO NOT PLACE TABLE LINENS AND DRAPES IN THE SAME BAG(S).

15. LOSS, SHORTAGES, DIRTY, OR DAMAGED EQUIPMENT. Customer agrees to pay for any damage to rented equipment regardless of cause, except reasonable wear and tear, while equipment is out of possession ofThe Design Experience Weddings &Events, LLC. Customer also agrees to pay a reasonable cleaning charge for all equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair or damaged goods. Rental Equipment damaged beyond repair will be paid for by Customer at its Replacement Cost when rented. The cost of repairs will be borne by the Customer, whether performed by The Design Experience Weddings & Events, LLC or at The Design Experience Weddings & Events, LLCs' option by others.

16. STOLEN PROPERTY. The Customer agrees to pay for equipment at its Replacement Cost when rented for all types of theft or mysterious disappearance. If the rented equipment is not returned to The Design Experience Weddings & Events, LLC within two days of date specified on the face of this contract, such equipment shall be considered stolen. In such event, Customer may be prosecuted in accordance with any Georgia Criminal Laws that may apply.

17. COLLECTION COSTS. The Customer agrees to pay all reasonable collection, attorneys, and court fees and other expenses involved in the collection of charges or enforcement of The Design Experience Weddings & Events, LLC rights under this contract.

18. WEATHER RELATED RISKS. Customer assumes all weather related risks involved in holding an outdoor event. Should any equipment become damaged and/or unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond The Design Experience Weddings & Events, LLC’s control, Customer shall still be liable for payment in full of all charges.




 

 

I HAVE READ AND AGREE TO THE ABOVE TERMS & CONDITIONS AND ACKNOWLEDGE RECEIPT. THIS CONTRACT IS VALID FOR ALL RENTALS PURCHASED BY THIS CUSTOMER, AND SUPERSEDES ALL PRIOR CONTRACTS

 

Customer Name (print) ____________________________________________________

 

Customer Signature _______________________________________________________

 

Driver’s License #/ Exp. date/ CCV # _________________________________________

 

Date __________________________