1. RENTAL DURATION. Our normal rental day is a 24-hour period however we will allow time for customer pick-up and return, and special considerations will be allowed for special events. The exact terms will be established at the time of the rental and those terms will appear on the rental contract. Any merchandise kept for longer than specified will be charged according to the following schedule. Overdue rentals will be charged at 1/2 the daily rate for the 1st additional day, following days will be charged at a full day rate each additional day that the merchandise is kept. Long-term rental rates shall be established prior to the beginning of the rental.
2. CANCELLATIONS. To ensure availability of all services and products, deposits are non-refundable. You may remove one or more item(s) from your order, or cancel your entire order, according to the following schedule, but the following cancellation fees will apply, subject to any category-specific cancellation policies:
31 days prior: no cancellation fee
30 days prior: 15% of contract total, less deposit (if refundable)
15 days prior: 40% of contract total, less deposit (if refundable)
1 days prior: 100% of contract total, and your deposit will not be refunded.
Days prior refers to the number of days before the earliest delivery/pickup/setup/arrival time.
3. RECEIPT INSPECTION OF RENTAL ITEMS. Customer hires the items on an “as is” basis. Customer acknowledges that (s)he has personally inspected the items prior to leaving Legacy Events, LLC (regardless of point of delivery) and finds it suitable for his/her needs. Customer acknowledges receipt of all items listed in this agreement in good working order and repair and that (s)he understands its proper operation and use without further instructions regarding operation and use from Legacy Events, LLC.
4. EQUIPMENT. If equipment becomes unsafe or in disrepair as a result of normal use, customer agrees to discontinue use and notify Legacy Events, LLC who will replace the equipment with similar equipment in good working order, if available. Legacy Events, LLC is not responsible for any incidental or consequential damages caused by delay or otherwise.
12. ADDITIONAL TERMS. No equipment may be dismantled or moved to another location unless Legacy Events, LLC gives specific consent. Customer will be charged a service charge of $75.00 plus $2.00 per mile each way if pick-up of equipment is from a location other than the location to which it was delivered unless Legacy Events, LLC waives the charge at the time of consenting to the transfer. Terms on approved commercial open accounts are net 30 days. A carrying charge of 1 – ½% per month (annual rate of 18%) will be charged on all overdue accounts. Customer agrees to pay all reasonable collection, attorneys and courts and other expenses involved in the collection of the charges enforcement of Legacy Events, LLC’s rights under this contract. Upon failure to pay rent or other breach of this contract, Legacy Events, LLC may terminate this contract and take possession of and remove the goods from wherever they are, and Legacy Events, LLC and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. Customer acknowledges that (s)he is not the agent of the Legacy Events, LLC for any purposes. Customer agrees that the Legacy Events, LLC is neither the manufacturer of the goods nor the agent of the manufacturer. The provisions of this agreement shall be severable so that the invalidity, unenforceability, or waiver of any of the provisions shall not affect the remaining provisions. Customer agrees to indemnify and reimburse Legacy Events, LLC for all liabilities to Customer, its agent of third parties, arising out of the use for the goods or a breach of this contract by Customer, including those arising from Legacy Events, LLC’s negligence.
13. TENTING. All tents have been treated for water repellency but cannot be guaranteed to be absolutely waterproof. Legacy Events, LLC does not guarantee any fabric not to crack, fade, shrink or tear. Customer shall provide unobstructed space for the placement, assembly, erection and disassembling of rented equipment. Legacy Events, LLC shall have the right to charge a related, reasonable sum, as determined by Legacy Events, LLC, for undisclosed subsurface conditions. All necessary surface repairs after the lease shall be the responsibility of the Customer. Legacy Events, LLC will not be responsible for damage to overhead or underground wires, sprinkler systems, septic tanks or any other underground or hidden obstruction. Customer will hold harmless Legacy Events, LLC for any damage while at location. Customer grants to Legacy Events, LLC the right and privilege to enter upon the premises designated as the location for installation at least one (1) week before the time set up for the use of the leased property, at all reasonable hours, for the purpose of erecting and installing the leased equipment and further grants to Legacy Events, LLC the private for removing the leased equipment. Customer grants to Legacy Events, LLC the privilege of using Customer’s power lines for the purpose of installation, and lighting. Customer shall, prior to installation provide at Customer’s cost all necessary permits, licenses and other consent.
14. WAITING TIME. Customer shall be charged for waiting time which is occasionally Customer’s neglect or delay.
15. CUSTOMER’S RIGHTS. Customer’s right to possession terminates on the exploration of the rental period and retention of possession after this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing.
16. CREDIT AUTHORIZATION. In addition to the deposit paid be the Lessee to Lessor at the inception of this Rental Agreement, Lessor may require Lessee to furnish an open credit authorization through MasterCard, Visa, American Express, Discover or similar credit provider. Lessee hereby agrees that Lessor shall be authorized to apply the amount of any deposit and any additional balance through the aforesaid credit authorization to any and all amounts due from the Lessee to the Lessor in the event of Lessee’s breach of the terms and conditions of this Agreement.
17. COLLECTION. The provisions of this agreement shall be interpreted pursuant to Iowa law and the parties agree that any litigation concerning this agreement shall only be tried in the Iowa District Court for Greene County. All parties waive the right to jury. Customer shall pay attorney fees and all other collection costs incurred by the Legacy Events, LLC while enforcing their rights under this agreement.
18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and supersede all negotiations, preliminary agreements and all prior and contemporaneous discussions and understandings of the parties in connection with the subject matters hereof.
9. ACCIDENTS. In the event of any accidental damage resulting in property damage or bodily injury resulting in property damage or bodily injury arising from use of the item while it is in customers possession, customer hereby expressly agrees to assume responsibility for himself, his own employees, agents and assigns negligence and agrees to indemnify, defend and hold Legacy Events, LLC harmless from any claim or action arising therefrom, including any cost and attorney’s fees included in connection therewith. Customer agrees to notify Legacy Events, LLC immediately in case of any accident and to obtain the named addresses, phone numbers and other pertinent information from all parties involved and all witnesses.
10. DEPOSITS AND SECURITY. Any security or reservation deposit held by Legacy Events, LLC shall be held as liquidated damages in the event of default as defined herein. Customer is required upon placing order to give a 40% non-refundable reservation deposit. If customer for any reason cancels the agreement, the reservation deposit of 40% of the total order or each cancelled item will be retained as non-refundable liquidation damages and Legacy Events, LLC shall be reimbursed for all expenses and losses incurred or suffered as the result of the customers failure to complete the agreement. Customer acknowledges that one of the purposes and intent of the deposit is to secure and guarantee complete performance of customers obligations under the contract. Deposit will be applied to customer’s invoice with remaining balance payment being be due 14 days prior to delivery/pickup/install.
11. DELIVERY AND PICKUP. Delivery and pick-up is available for a charge, calculated based on location on customer’s quote. Delivery and pick-up will be at the Legacy Events, LLCs convenience. Delivery and pick-up will be to ground level only. There is an additional charge for delivery or pick-up if not ground level. Delivery must be made to and equipment kept in a sheltered location protected from the elements. Chairs and tables will be delivered stacked. They must be stacked for pick-up. There is an additional charge for setup and tear down. Dinnerware must be returned clean. If equipment is unavailable for pick-up at the agreed time, customer agrees to pay a service charge of $15 plus any additional rental charges and/or pickup charges incurred. Legacy Events, LLC drivers will make every effort to make themselves heard at front door. Responsibility for failure to hear driver because of loud radios, remoteness of customer from front door or any other reason rests upon Customer. It is customer’s responsibility to maintain the delivery and pick-up times agreed upon in order to assure the availability of equipment. If customer authorizes any person (such as neighbor or employee) to make equipment available for pick-up, Customer will be responsible if such person fails to do so.
5. ORDINARY WEAR AND TEAR. Customer agrees to pay for any damage or loss of the goods, as an insurer, regardless of cause, except reasonable wear and tear, while the goods are out of the possession of the Legacy Events, LLC. Customer also agrees to pay a reasonable cleaning charge, as determined by the Legacy Events, LLC, for equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost or repair of damaged or lost goods. Equipment damaged beyond repair will be paid for at its fair market value when rented. The cost of repairs will be borne by customer, whether performed by Legacy Events, LLC, or, at Legacy Events, LLCs option, by by others.
6. DAMAGE WAIVER. Customer agrees, in consideration of an additional charge as listed on the face of physical contract, to modify the responsibilities of customer created in paragraph 5 regarding equipment damaged while in customers possession or control. Notwithstanding paragraph 5 above, customer accepting damage waiver is not responsible for damage to or destruction of the rental equipment except as follows: (a) Loss or theft of equipment; (b) Damage due to customers neglect or misuse; (c) Loss by willful neglect or abuse; (d) Mysterious or unexplained loss; (f) Damage waiver does not cover linen. THEFT: Customer agrees to furnish Legacy Events, LLC with a police report on all damage to which this damage waiver modification applies. Customer is required to return damaged equipment or pieces whether still useful or not.
7. TITLE. Title to the rented property is and at all times shall remain with the Legacy Events, LLC. Only the parties hereto and those other persons whose names are listed on the reverse side, are authorized to use the property and customer will not permit the property to be used by any other persons or at any other address other than the address designated on the physical contract without the expressed consent of the Legacy Events, LLC.
8. HOLD HARMLESS/INSURANCE. Customer agrees to assume the risk of and hold Legacy Events, LLC harmless for property damage and personal injuries caused by the equipment and/or arising out of customers negligence. Customer shall provide, at customers cost, insurance coverage which protects Legacy Events, LLC from all claims of whatever nature brought by agents and employees of Lessee and by all third parties.