*Reservation will not be set until deposit has been paid*
Any additions to your order must be submitted 48 hours before delivery/pickup of your event*
20% Deposit Due upon contract, Balance to be paid according to outlined payment schedule however, balance of rental items must be paid in full 2 business days prior to delivery and event planning contracts must be paid in full 30 days before the event. (Equipment/Rentals will not be loaded onto truck for delivery prior to balance payment).
Deposits are NOT REFUNDABLE
NO REFUNDS FOR PLANNING SERVICES ALREADY RENDERED. Should event be cancelled, no further payments will be required however, payments already made will not be refunded.
For rentals, If order canceled or items removed greater than 60-days prior to delivery/pickup date: 80% of the total will be refunded if more than a 20% deposit was made. If only a 20% deposit was made, there is no refund due as deposits are nonrefundable.
If order canceled or items removed between 30-59 days prior to delivery/pickup date: 50% of the total will be refunded minus the deposit.
If order canceled or items removed 30 days or less prior to delivery/pick up date: No refund due
Set up and take down are not included unless a set up/ take down fee is arranged prior to delivery.
Delivery Driver will unload & move 25 feet from the truck. Deliveries over 25 feet away from the truck will constitute an additional fee. Stairs & elevators constitute an additional fee.
DAMAGE WAIVER ONLY COVERS NON-NEGLIGENT DAMAGE OR BREAKAGE OF RENTAL ITEMS.
DAMAGE WAIVER DOESN'T COVER LOSS OR THEFT.
DAMAGE WAIVER IS NOT REFUNDABLE
DAMAGED ITEMS MUST BE RETURNED AS PROOF OF DAMAGE.
IF NOT RETURNED, A REPLACEMENT INVOICE WILL BE SENT.
Terms and Conditions
Lavish’d Events shall mean Lavish’d Events, LLC and its employees, and “customer” shall mean the customer, its agents and/or employees. In consideration of hiring of the rental items (herein “the rental item or items”) described in this Rental Agreement it is agreed as follows:
1. INDEMNITY/HOLD HARMLESS. Customer will take all necessary precautions regarding the items rented and protect all persons and property from injury or damage. Customer agrees to indemnify, defend and hold harmless Lavish’d Events from and against any and all liability, claims, judgments, attorneys 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 items rented, however caused, except claims or litigation arising through the sole gross negligence or willful misconduct of Lavish’d Events.
2. ASSUMPTION OF RISK/RELEASE - DISCHARGE OF LIABILITY.
Customer is fully aware and acknowledges there is a risk of injury or damage arising out of the use or operation of the items rented and hereby elects to voluntarily enter into this rental agreement and assume all of the above risks or injury. Customer agrees to release and discharge Lavish’d Events from any and all responsibility or liability from such injury or damage against Lavish’d Events which customer otherwise may be entitled to assert.
3. OPERATORS. No operators are furnished, directly or indirectly with our rental items.
4. RECEIPT/INSPECTION OF RENTAL ITEMS. Customer hires the rental items on an “as is” basis. Customer acknowledges that he has, or will, personally inspect the rental items prior to use and finds the items suitable for customers’ needs. Customer acknowledges receipt of all items listed in the Rental Agreement and that the rental items are in good working order and repair and that the Customer understands (without further instructions) the proper operation and use of items.
5. POSSESSION/TITLE. Customers right to possession of the rental items begins upon the rental items leaving Lavish’d Events and terminates on the Agreed Return or pick up date and time indicated on the front of this Rental Agreement. Retention of possession after this date constitutes a material breach of this Rental Agreement. Time is the essence of this Rental Agreement. Any extension of this Rental Agreement must be agreed upon in writing. Title to the rental items is and shall remain with Lavish’d Events. If the rental items are not retuned and/or levied upon for any reason whatsoever, Lavish’d Events may retake said items without further notice or legal process and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnify, defend and hold Lavish’d Events harmless for any and all claims and costs arising from such retaking and/or levy. If rental items are levied upon, Customer shall notify Lavish’d Events immediately.
6. RENTAL PERIOD/RATE/PAYMENT. If customer makes greater use of the rental items than agreed upon, it is agreed that an appropriate fee for the additional usage will be charged. Late returns will be charged at $25 directly to the card on file. If return is more than (4) hours late, a full day rental charge will be charged to the card on file. Lavish’d Events may terminate rental at any time and retake the rental items without further notice, in case of violation by Customer of any terms or conditions of this Rental Agreement. Customer agrees to pay any collection of this account or any dispute arising out of this Rental Agreement. Customer agrees full payment will be received by date specified on invoice.
7. PROPER CARE. Customer shall be responsible for all damage to rental items. Damage includes, but is not limited to: damage due to overturning, overloading or exceeding rated capacities; breakage; improper use; abuse; excessive heat; lack of cleaning; dirtying of rental items by paint, mud, plaster, concrete, resin or any other material.
8. COMPLIANCE WITH LAW/USE RENTAL ITEMS. Customer agrees not to use or allow anyone to use the rental items in any illegal manner. Customer agrees at his sole cost and expense to 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. Customer further agrees to pay all licenses, fines, fees, permits or taxes arising from his use of the rental items, including any subsequently determined to be due. Customer is responsible for obtaining all permits and/or licenses from the appropriate government agencies. If permits or licenses are denied for any reason, Customer is still responsible for all financial and other obligations pursuant of this Agreement to Lavish’d Events or its subcontractors. Customer shall not allow any person who is not qualified or who has not received and understands the safety and operating instructions or who does not utilize all safety equipment required to operate the rental items to use the rental items. Customer acknowledges that Lavish’d Events has no responsibility to inspect the rental items while they are in the Customer’s possession.
9. RETURN OF RENTAL ITEMS. Customer agrees to return to Lavish’d Events the rental items in the same condition they were received by agreed Return Date and time. Customer shall be liable for all damages to or loss of the rental items and liability incurred prior to rental items return to Lavish’d Events. Customer shall be responsible for all costs incurred by Lavish’d Events recovering and returning damaged rental items to Lavish’d Events’s premises. If the rental items are to be “picked up” by Lavish’d Events, Customer agrees to provide a secure storage location and Customer accepts all risk including damage to and liability relative to rental items for a reasonable period of time until the rental items are picked up by Lavish’d Events.
10. DISCLAIMER OF WARRANTS. Lavish’d Events makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. There is no warranty or representation that the rental items are fit for customers particular intended use or that is free of latent defects. Lavish’d Events shall not be responsible to customers 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. Lavish’d Events shall not be responsible for any defect or failure unknown to Lavish’d Events. The customer’s 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 Lavish’d Events immediately of such failure. If Lavish’d Events determines that rental items are working properly, with no defects, no adjustments will be made to the rental fee charged to customer.
11. SUB-RENTAL/LOCATION OF RENTAL ITEMS. Customer agrees not to sublet, loan or assign the rental items from the address at which Customer represented they were used.
12. DEFAULT. Should customer in any way fail to observe or comply with any provision of this Rental Agreement, Lavish’d Events may, at its sole discretion, terminate this Rental Agreement, retake the rental items, declare any charges due and payable and initiate legal process to recover monies owned.
13. RETAKING OF RENTAL ITEMS. If for any reason it becomes necessary for Lavish’d Events to retake the rental items, Customer authorizes Lavish’d Events to retake rental items without notice or further legal process and agrees that Lavish’d Events shall not be liable for any claims for damage or trespass arising out of the removal of the rental items.
14. LEGAL FEES. In the event an attorney is retained to enforce a provision of this Rental Agreement, and the prevailing party in the dispute is determined to be Lavish’d Events, customer shall entitle Lavish’d Events to recover reasonable attorney’s fees and court costs in such action or proceeding in an amount to be determined by the court.
15. DAMAGE WAIVER PLAN. The Damage Waiver Plan is NOT insurance. By Customer accepting the “Damage Waiver Plan” of this rental agreement and with immediate notification in the event of any accident and the prompt submission of applicable police reports, Lavish’d Events and Customer agree that Lavish’d Events will waive any claim against Customer for direct accidental physical damage to the rental item while in use by the Customer. If Customer has insurance covering such loss or damage, the Damage Waiver Plan becomes secondary and Customer shall exercise all rights available to him under said insurance and take all action necessary to process said claim. Customer further agrees to assign said claim and any and all proceeds from such insurance to Lavish’d Events. Upon request of Lavish’d Events, Customer shall fully cooperate with Lavish’d Events and furnish the name of the insurance agent, insurance company and complete information concerning insurance coverage carried. Acceptance of the Damage Waiver Plan requires payment of the specified fee. Not withstanding the foregoing following conditions are not covered under the Damage Waiver Plan: (a) Any rental items or part thereof, which is not returned for whatever reason including theft. (b) Damage resulting from improper use, improper storage, failure to secure during transportation, overloading or exceeding the rated capacity of the rental items. (c) Damage to motors or other electrical appliances or devices caused by artificial current. (d) Damage as a result of vandalism or malicious mischief or intentional abuse. (e) Damage resulting from fire or excessive heat, misuse, abuse, failure to maintain, cleanliness, lack of lubrication, hydration or other normal servicing of rental items. (f) All damage resulting from misuse from overturning. (g) All damage resulting from use of the rental items in violation of any provision of this Rental Agreement, violation of any law, ordinance or regulation. The Damage Waiver Plan will be included on all orders and customer has the right to decline the Plan by informing Lavish’d Events in writing at time order is placed. In the event the Damage Waiver Plan is declined, customer acknowledges they will be responsible for any and all damages to Lavish’d Events property that is rented by customer and will provide Lavish’d Events with valid credit card information prior to receipt of rental items. Customer further agrees and authorizes Lavish’d Events to process said credit card for any and all damages, repairs and losses to Lavish’d Events property.
16. PAYMENT FOR LOSS OR DAMAGE. Customer will be totally responsible for all lost and/or damaged rental items. Item returns are subject to inspection for damage and count verification by Lavish’d Events on site or at Lavish’d Events warehouse location. Customer will be advised of discrepancies within 48 hours of pick up or customer drop off. Damaged items will be held for (4) four days for customers to inspect. Customer authorizes Lavish’d Events to charge credit card on file or will provide payment in full upon demand from Lavish’d Events for any and all damages resulting from rental item(s) loss or damage to Lavish’d Events property while in possession of Customer. Lost or damaged items will be billed at replacement cost. Repairable items will be billed at repair plus labor costs.
17. NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of Lavish’d Events to insist upon strict performance by Customer in regard to any provision of this Rental Agreement shall not be interpreted as a waiver of Lavish’d Events right to demand strict compliance with all other provisions of this Rental Agreement or shall be severable so that the enforceability, invalidity or waiver of any provision shall not affect any other provisions.
18. TERMS & CONDITIONS OF SALE. (Applies only to items sold, not rented.) Customer acknowledges that Lavish’d Events makes no warranties, expressed or implied, to any matter whatsoever, including, and without limitation, the condition of the items, their merchantability or their fitness for any particular purpose. If the items being sold are used equipment, they are being sold on an “As Is” basis.
19. MOVING OF NON-RENTAL ITEMS. Lavish’d Events is not liable for any damage arising from customer-requested moving of non-rental items, including, but not limited to, furniture, vehicles, plants, lights, etc.
20. MARKING UNDERGROUND UTILITIES. Customer is solely responsible for marking all underground utilities and obstacles, including but not limited to gas, electrical, water, irrigation, plumbing and landscaping prior to the arrival of Lavish’d Events when delivering and set up of rental items requiring digging and staking is involved. Lavish’d Events staff will exercise caution during installation but will not be responsible for any damages or repairs to customer and/or site property.