Event Rental Agreement
This Event Rental Agreement (hereinafter, “Agreement”) is made (today’s date) between GIRLS OF WANDER, LLC, a Washington limited liability company (hereinafter, “Company”), and (renters full legal name), located at (renters mailing address) (hereinafter, “Renter” and together with Company, the “Parties” and each a “Party”), for the rental of furniture and décor (hereinafter “Rental Items”) for Renter’s event (hereinafter, “Event”) scheduled for (event date) (hereinafter, “Event Date”).
1 RENTAL ITEMS
Company agrees to rent to Renter the items described in detail in the rental items list (hereinafter, “Rental Items List”), which is incorporated by reference, made a part of this Agreement, and attached as Exhibit A, for Renter’s Event (hereinafter, “Event”) scheduled for the Event Date.
2.1. RENTAL FEES
Renter agrees to pay Company the fees (hereinafter, “Rental Fees”) specified in the Rental Items List, along with applicable delivery charges or other charges stated in the Rental Items List. Rental Fees are for the time the Rental Items are reserved or out and away from Company’s possession, regardless of whether the Rental Items are actually used by Renter. No refunds will be given for unused Rental Items. (If Company is holding an item for Renter, Company will not rent it to anyone else.) Initials here:
2.2. “PICTURE PERFECT” POLICY AND CHARGE
Company wants every item we deliver to you to be “Picture Perfect” for your event. Every item is thoroughly inspected and cleaned after every use. Company knows that things happen beyond the usual wear and tear and wants all of its customers to enjoy as near to a perfect experience as possible. Company charges a modest fee equal to ten percent (10%) of the total Rental Fee (the “Picture Perfect Charge”), which is indicated on the Rental Items List. This is not coverage for damage due to neglect or misuse (example: Rental Items left out in the rain uncovered and unprotected, or candle holders or lanterns with wax); nor does it waive liability for loss caused by abuse, vandalism, theft, unexplained disappearance, or shortages. All broken or damaged items must be saved and returned to Company for the waiver to apply. Initials here:
2.3. PAYMENT SCHEDULE
Renter agrees to pay Company the Rental Fees in accordance with the following schedule:
2.3.1. Renter agrees to pay an initial, non-refundable payment equal to fifty percent (50%) of the total fee (the sum of the Rental Fees plus the Picture Perfect Charge plus the Delivery Fee, if applicable) for the Rental Items (hereinafter, “Initial Payment”) upon signing of this Agreement. Renter acknowledges that the Initial Payment is an earned fee, and includes compensation for Company’s initial consultation and item selection.
2.3.2. Renter agrees to pay the remaining fifty percent (50%) of the total fee from the Rental Items List, along with any additional fees for delivery changes, event rescheduling, or rental item additions or substitutions (the “Final Payment”), thirty (30) days prior to the Event Date (or the rescheduled event date, if applicable). If Renter used a credit card to pay the Initial Payment, then Renter agrees and expressly authorizes Company to charge the same credit card for the Final Payment fourteen (14) days prior to the Event Date (or the rescheduled event date, if applicable). Initials here:
2.4. COMMITTED RESERVATION
Company will not reserve Rental Items for the Event Date until Renter provides a signed copy of this Agreement to Company and makes the Initial Payment.
3 LATE FEES AND RETURN
3.1. LATE FEES
In the event that Renter does not pay the Final Payment, Company has no obligation to rent the Rental Items to Renter, and Company may terminate this Agreement and retain the Initial Payment. Any past due portion of the Rental Fee, including any damage, cleaning, or replacement fees, will incur interest at a rate of 1.5% per month commencing on the due date. Renter agrees to pay all costs of collection, including court costs and attorneys’ fees, incurred by the Company in connection with collecting any past due Rental Fees or damage, cleaning, or replacement fees, or otherwise enforcing Company’s rights under this Agreement.
3.2. LATE RETURN
If Rental Items are not returned by Renter on the specified date and time on the Rental Items List, Renter agrees to pay the full Rental Fee of the Rental Fees for each day thereafter until the Rental Items are returned, or up to fourteen (14) days, at which time Renter agrees to pay the full replacement fees.
4 FORM OF PAYMENT
Unless otherwise agreed upon in writing, Renter agrees to make payments to Company in the form of cash, check payable to Wander Event Rentals and sent to 4134 Squalicum Lake Rd Bellingham, WA 98226, credit card, or debit card. Company accepts Visa, MasterCard, American Express, or Discover cards.
5 DAMAGED OR MISSING RENTAL ITEMS
All Rental Items are compared to the delivery inventory and examined by Company prior to delivery and/or release to Renter. Renter (or Renter’s representative, such as a professional event coordinator) has the right to inspect all Rental Items upon delivery and/or receipt, prior to the start of the Event, and should initial the delivery inventory sheet that Company provides upon delivery or will-call ticket upon pickup from Company. Renter may waive this right to inspect.
If Renter discovers damaged or missing Rental Items prior to the start of the Event, Renter agrees to notify Company immediately. Company agrees to make all reasonable attempts to provide a replacement or substitute for any damaged or missing Rental Items prior to the Event stated start time, or if no reasonable replacement or substitute item can be provided, to promptly refund the cost of the damaged or missing item to Renter. Renter agrees that any damaged Rental Items will not be used at the Event. All damaged Rental Items remain the property of Company and must be returned to Company. Initials here:
Renter agrees to pay for any damages beyond normal wear and tear occurring after the Rental Items are delivered to Renter, including damage occurring as a result of any person other than a Company representative moving the Rental Items from the location where they were delivered by Company; damages occurring during the Event; damages occurring following the Event, including while cleaning off the Rental Items or while packing up the Rental Items, are the sole responsibility of Renter, whether actually caused by Renter or by Renter’s guests, Event venue staff, or third party Event vendors. Normal and reasonable wear and tear on Rental Items including, but not limited to, broken glass, chipped plates, dirt spots on upholstery, and minor scratches on furniture are all covered under the Picture Perfect policy. Damages beyond normal wear and tear may include, but are not limited to, heavily stained upholstered items, broken furniture, rips or tears in upholstery, and excessive amounts of breakage. Initials here:
Renter agrees to pay for the replacement cost of lost, stolen, or permanently modified Rental Items, including packaging supplies not returned such as plastic totes, crates, and dish racks. Initials here:
6 DELIVERY SERVICES
Renter agrees to pay a delivery fee (the “Delivery Fee”), if any, which is based upon those Rental Items itemized on the Rental Items List. Company agrees to deliver Rental Items door-to-door only, unless other arrangements are confirmed in writing. If Renter adds or changes Rental Items, or requests revised delivery/retrieval dates/times from the original booking, Company may increase the Delivery Fee.
Specific delivery times must be finalized no later than fourteen (14) days prior to the Event Date. The Delivery Fee is for Rental Items delivered/retrieved from one central (level) area within twenty-five (25) feet of the Company’s delivery vehicle. Renter agrees to pay additional fees, subject to Company’s discretion, if Renter requires that Rental Items be carried further than twenty-five (25) feet of Company’s delivery vehicle, up more than five (5) stairs, placed/setup, torn-down, or packed by Company. If Company is required to wait more than fifteen (15) minutes at the time of delivery or pickup, Renter agrees to pay additional fees of $1 per minute.
Renter (or Renter’s representative such as Event Staff) must be present at the Event site during the agreed upon time(s) and ensure Company has full access to the premises. If Renter or Renter’s representative is not present at the time of delivery, Renter waives the right to inspect the status, condition, and quantities of Rental Items. Company is not responsible for delay(s) caused by other parties, including providers of other rentals or services.
Company to make reasonable efforts to locate missing Rental Items and packaging at the time of pickup from the designated drop off and pickup location. If Rental Items are not found in the designated location, including any packaging and crates, Renter agrees to return the Rental Items to Company by the next business day to avoid any late fees or charges for missing items.
7 WILL CALL ITEMS
Renter, or Renter’s designated representative(s) (identified to Company in advance in writing) shall pick up the Rental Items noted as “Will Call” in the Rental Items List from Company’s warehouse at 4134 Squalicum Lake Rd, Bellingham, WA 98226 at the designated pick up time set forth in the Rental Items List. The will call Rental Item order will be packed by Company and ready for Renter at such time. If the will-call Rental Items are not picked up within the agreed upon timeframe, and Renter and Company did not agree on alternate arrangements at least five (5) days prior to such timeframe, Renter agrees to pay Company a $45.00 off hour/reschedule surcharge. Renter or its designated representative, as applicable, must comply with all Company instructions with regards to proper care and transportation of the will call Rental Items, including providing appropriate transportation and packing materials for such items and loading their own vehicle, although Company will provide reasonable assistance in transporting the applicable Rental Items to the vehicle in question. Any will call furniture Rental Items, such as upholstered seating (including without limitation, sofas, settees, or chairs), may only be transported in a fully enclosed vehicle. Renter, or its representative(s), must provide blankets to wrap and cushion larger Rental Items and straps to secure the Rental Items during transport. Company requires that Renter return all original packaging materials provided with the will call Rental Item order, such as crates, dish racks and even bubble wrap. Renter’s failure to do so may result in replacement fees due to Company.
8 CHANGES OR SUBSTITUTIONS OF RENTAL ITEMS
By Renter: If Renter wishes to cancel the rental of some, but not all, Rental Items, or to make substitutions for certain Rental Items, in no event will the Rental Fees be less than Rental Fees stated in the Rental Items List, or as indicated in any subsequent amended Rental Items List submitted by Renter. Should such changes to the Rental Items List be made, Company agrees to send an amended Rental Items List to Renter. Renter is to submit any changes on the Rental Items List to Company via email. There will be no refunds or cancellations of Rental Items made less than thirty (30) days prior to the Event Date. Initials here:
By Company: Company reserves the right to make reasonable substitutions of Rental Items, when necessary, and shall inform Renter of such substitutions prior to the Event when possible. If the rental price for the substituted item(s) is less than the rental price for the originally selected Rental Item(s), Company agrees to refund to Renter the difference in price, or if no substitutions are available, the rental price for the affected Rental Item(s).
9 RETURN OF RENTAL ITEMS
Renter agrees to scrape and thoroughly rinse food-related Rental Items (such as plates, serving dishes, cake pedestals, glassware, etc.) of all food debris and grease following the Event prior to boxing or re-packaging the Rental Items. Renter agrees to package the Rental Items in the boxes provided by the Company. Renter agrees to return Glassware with the mouth down in the original rack in which it was received. Renter agrees to return all other Rental Items, such as chalkboards, vases, votives, lanterns, and tabletops, in clean condition; failure to do so may result a cleaning fee to be determined at Company’s sole discretion depending on the extent of cleaning required, but equal to no more than the full rental rate of the item. Initials here:
10 RESCHEDULING EVENT DATE
If Renter reschedules the Event Date, Renter agrees to give written notice to the Company of Renter’s intention to reschedule the Event Date and, if known, identify the new date for the Event (hereinafter, “Rescheduled Event Date”). Company cannot guarantee the availability of the Rental Items on the Rescheduled Event Date. If Rental Items are available for the Rescheduled Event Date, Renter may incur additional fees for Company’s services due to the event rescheduling. At Company’s discretion, the Parties may enter into a separate written agreement or modify this Agreement to reflect the Rescheduled Event Date.
11 REQUIREMENTS AND UNDERSTANDING TO AVOID ADDITIONAL CHARGES
Renter agrees to pay additional cleaning and/or damage fees for failure to comply with any of the following additional rental policies:
Under no circumstances should furniture including tables, benches, upholstered seating, or any other furnishings be kept outside overnight or left in inclement weather such as rain or snow. Initials here:
All furniture such as tables and upholstered seating should never be dragged to move, but instead should be lifted fully off the ground. Initials here:
Standing on or smoking on or around upholstered furniture is not allowed. Initials here:
Use of wax candles in votive candles holders is prohibited unless fully enclosed with a glass insert only as provided by Company. Should wax be left in any votive candle holder, Renter agrees to pay a cleaning fee equivalent to the entire rental Fee for each votive. Initials here:
Only fully enclosed candles (and flame) are allowed in lanterns to help avoid spilled wax. Company recommends LED/battery operated candles as a safer alternate to wax candles. If wax is left in any lantern, Renter agrees to pay a cleaning fee equivalent to the entire rental Fee for each lantern. Initials here:
Renter agrees to remove all wax from candle holders prior to return. Should wax be left in or on any candle holder, Renter agrees to pay a cleaning fee equivalent to the entire rental Fee for each item. Initials here:
12 TERM OF AGREEMENT
This Agreement will become effective on the date both parties sign the Agreement.
This Agreement will terminate on the earliest of:
12.2.1. The date all Rental Items are returned to Company; or
12.2.2. The date a party terminates the Agreement as provided herein.
13 TERMINATING THE AGREEMENT
13.1. Termination by Renter
In addition to any other obligations set forth in this Agreement upon termination, if Renter terminates this Agreement in full for any reason, the Renter agrees:
13.1.1. To make all terminations in writing;
13.1.2. The Initial Payment identified in the Rental Invoice is non-refundable regardless of when the notice of termination is given;
13.1.3. If termination is made thirty (30) days or less from the Event Date, then Renter agrees to pay all Rental Fees from the Rental Items List in full within five (5) business days of providing the termination notice to Company; and
13.1.4. If termination is made sixty (60) days or less from the Event Date, Renter agrees to make an additional payment equal to fifty percent (50%) of the Final Payment to Company within five (5) business days of providing the termination notice to Company.
13.2. Termination by Company
In addition to any other obligations set forth in this Agreement upon termination, if Company terminates this Agreement, the Company will refund unearned fees to the Renter.
14 GENERAL PHOTO RELEASE
Renter agrees that Company may use any images from the Event for Company’s portfolio, advertising, website, blog and magazine submissions and any other means of promotion. Renter waives any right to payment, royalties or any other consideration for the use of the images. Renter waives the right to inspect or approve the finished product, including written or electronic copy, wherein Renter’s likeness appears. Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Renter, their heirs, representatives, executors, administrators, or any other persons acting on Renter’s behalf or on behalf of the Renter’s estates have or may have by reason of this authorization.
15 LIMITATION OF LIABILITY, INDEMNIFICATION
Renter agrees that, to the fullest extent permitted by law, Company’s maximum total liability for any claims, breaches or damages by reason of any act or omission shall be limited to the amount of the Rental Fees actually paid by Renter. Renter agrees that, to the fullest extent permitted by law, Company is not liable for any claim for emotional distress, mental anguish, punitive damages, consequential damages, lost profit, loss of enjoyment, lost revenues, or replacement costs, whether or not foreseeable or arising from any negligent act or omission on the part of any person. Renter acknowledges that inherent risks and dangers accompany the use of vintage/antique furniture and other items. Renter expressly agrees to assume the risk of the use of the Rental Items, and agrees to release, indemnify, defend, and hold harmless Company and its employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to Renter’s Event and the actions of Renter or Renter’s guests, including but not limited to injuries sustained by Renter or Renter’s Event guests while using the Rental Items. Renter acknowledges that these limitations reflect a fair allocation of risk and that Company would not enter into this Agreement without these limitations on its liability.
16 DISPUTE RESOLUTION
Any dispute or claim arising under or in any way related to this Agreement, with the exception of recovery by Company of any unpaid Rental Fees, damage costs, or other payments from Renter (which may be recovered by Company via collections, small claims court action, or any other legal remedy available to Company), will be submitted to neutral, non-binding mediation prior to the commencement of arbitration or any other proceeding before a trier of fact. The parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator. All parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, Company and Renter agree to document the resolution in a written agreement executed by both Company and Renter. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the parties reflecting the same. Following the unsuccessful resolution by mediation, any dispute or claim arising under or in any way related to this Agreement, with the exception of the recovery by Company of any unpaid Rental Fees, damage costs, or other payments from Renter, and any disputes within small claims court jurisdiction, will be submitted to binding arbitration. The parties agree to select a single arbitrator, and the arbitration shall take place in Whatcom County, Washington. The arbitrator’s decision will be binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The prevailing party in any arbitration, trial, or other proceeding in connection with this Agreement is entitled to recover attorneys’ fees, filing fees, and related administrative costs from the non-prevailing party.
All notices, requests, claims, demands, and other communications between the parties must be in writing. All notices must be given (a) by delivery in person, (b) by a nationally recognized next day courier service, or (c) by first class, registered or certified mail, postage prepaid, to the address of the party specified in this Agreement or such other address as either party may specify in writing. Such notice is effective upon (a) the receipt by the party to which notice is given, or (b) on the third day following mailing, whichever occurs first. Notice may also be given by facsimile or electronic mail. Such notices are effective upon receipt of a written acknowledgement by the party to which notice is given.
18 ENTIRE AGREEMENT
This Agreement (including attachments) contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
This Agreement may be modified or amended if the amendment is made in writing and is signed by all parties.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If an arbitrator or court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
The headings contained in this Agreement are strictly for convenience, and are not to be used to construe meaning or intent.
The failure of any party to require strict compliance with the performance of any obligations or conditions of this Agreement will not be deemed a waiver of that Party’s right to require strict compliance in the future, or construed as consent to any breach of the terms of this Agreement.
23 FORCE MA JEURE
Neither party will be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God (such as natural disasters), government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, or any other cause beyond the reasonable control of the party whose performance is affected. Should Renter’s Event be cancelled, postponed or otherwise adversely impacted as a result of a force majeure event, there will be no refunds for payments already received by Company, but Company will use all reasonable efforts to work with Renter to provide the Rental Items at a later date if necessary, subject to the availability of the Rental Items and Company’s delivery/set-up representatives.
24 APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of Washington, and any disputes arising from it must be handled exclusively in the federal and state courts located in Whatcom County, Washington, except where otherwise noted in this Agreement.
25 ASSIGNABILITY AND PARTIES OF INTEREST
No party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party or parties. Nothing in this Agreement, express or implied, will confer upon any person or entity not a party to this Agreement, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Agreement, except as expressly provided in this Agreement.
26 COUNTERPARTS, SIGNATURES
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and which collectively shall constitute one agreement. Use of fax, email and electronic signatures shall have the same force and effect as an original signature.
I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH ABOVE.