FOR ALL CONTRACTS, FINAL COUNTS AND PAYMENT ARE DUE 10 DAYS PRIOR TO DELIVERY DATE.
An additional fee may apply for any changes within 10 days of your delivery date.
IT IS THE CUSTOMERS RESPONSIBILITY TO READ AND ACCEPT THE TERMS AND CONDITIONS, PROVIDED ON YOUR SIGNED RENTAL CONTRACT.
CONTRACT – TERMS & CONDITIONS
1. RESPONSIBILITY FOR USE AND DISCLAIMER OF WARRANTIES:
Customer will take all necessary precautions regarding the items rented and protect all persons and property from injury or damage. Customer agrees to hold harmless Schuibbeo Holdings, Inc. (hereafter SH) 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 negligence or willful misconduct of SH.
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 hereunder and hereby elects to voluntarily confirm this rental contract and assume all the inherent risks of injury or damage. Customer agrees to release and discharge SH from any and all responsibility or liability from such injury or damage arising out of the misuse or operation of the rental items; and customer further agrees to waive, release and discharge all claims for injury or damage against SH which customer otherwise may be entitled to assert.
3. THEFT OF RENTAL ITEMS:
The Customer agrees to pay for rental items [at its replacement cost when rented] for all types of theft or mysterious disappearance or willful damage. Damage Waiver does not cover theft or willful destruction.
4. RETAKING OF RENTAL ITEMS:
If it becomes necessary for SH to retake the rental items, Customer authorizes SH to retake the rental items without further notice or further legal process and agrees that SH shall not be liable for any claims for damage or trespass arising out of the removal of the rental items.
5. LEGAL FEES:
In the event an attorney is retained to enforce any provision of this Rental Contract, the prevailing party in the dispute shall be entitled to recover reasonable attorney’s fees and court costs in such action, or proceeding, in an amount to be determined by the court.
6. RESERVING EQUIPMENT:
Rentals are considered to be reserved for your event once SH receives a signed rental contract, 50% down payment, and security deposit (if applicable) on the rental equipment. The security deposit will be refunded at the end of the rental period, provided all items are returned in good working order.
Do not assume your price quote or proposal is reserved until you receive a copy of your rental contract that states “Reservation” in the top right-hand corner. Payment is accepted by check, cash, or credit card. There is a 3% fee on all credit card payments, which is nonrefundable.
Down Payment and Damage Waiver cost are non-refundable. All rentals are subject to a cancellation fee once reserved. Full charge will apply to items canceled within 10 days of your delivery. SH is not responsible for, or obligated to refund any portion of the contracted rental fee due to cancellation of any sort, including inclement or severe weather.
7. DAMAGE WAIVER:
Protects renter from paying for replacement cost due to ACCIDENTAL damage to rental inventory while in customers possession. Damage Waiver does not protect renter from damages to rental inventory due to negligence. A non-refundable damage waiver of 10 percent will be added to all SH rental orders, unless otherwise stated. Damage waiver may be declined if customer can provide SH with a Certificate of Insurance which proves physical damage coverage on the rental inventory will be covered, as well as, listing SH as Additionally Insured. Damage Waiver coverage does not cover missing rental items.
SH reserves the right to refuse Damage Waiver coverage for rental items if SH representative feels that rentals will be in an unsafe environment during the time period that the rental items are in the customers possession.
8. FINAL PAYMENT:
Customer must provide SH with a final counts/adjustments for rental items and final payment at least 10 days prior to delivery. An additional rush fee may be applied for any rental changes inside of 10 days prior to your scheduled delivery date. All contemplated rentals and fees as stated on your contract, are subject to 100% cancellation fee within 10 days of delivery. By agreeing to these terms, customer acknowledges that any replacement costs for missing or damaged rentals (not covered by Damage Waiver) will be charged to the credit card on file.
9. CUSTOMER PICK UP & RETURN
Customer is responsible for loading, unloading and securing rental items into their own vehicle for safe transportation. SH takes no responsibility for damage to customers vehicle caused by rental items, nor damage to other vehicles on the roadway due to irresponsible loading and securing of rental items. Customer is responsible for counting all rental items on pick up of rental order to insure you receive all items on your contract. Upon return of you rental order, all items will be counted and customer is responsible for replacement costs for any/all missing items.
10. SAFETY/SITE PREPARATION:
For Tent Rentals: Customer is required to inform SH of the existence of any private underground utilities (electric, gas, water, septic, irrigation, etc.) or conditions that may interfere with the ability to stake and/or anchor equipment. Customer assumes all responsibility for all damage to underground equipment. SH will contact “Miss Utility”/”One Call” (an underground utility marking coordinator) to mark public lines, up to the meter. They do not mark private utilities.
Customer is responsible to mark any/all private underground lines. Customer should contact Underground Locating Services at #877-856-9626 to have private underground lines marked prior to time of tent installation. Please be sure your site is ready before the crew arrives (lawns mowed, vehicles out of the way, gates unlocked, animals free from the area of install, etc.).
Customer is responsible for being on site during time of tent installation if private underground utilities are present. Customer must approve all tent stake locations as tent is being installed.
Tent stakes penetrate the ground anywhere from 24”-48”; if there will be issues due to underground utilities, customer should consider a frame tent, secured with concrete ballasts in place of tent stakes. SH is not responsible for hitting or damaging any unmarked private or public underground utilities.
11. ON-SITE TECHNICIAN:
Customer may retain the services of a SH employee during an event to assist with sidewall adjustment, lighting, tent heaters, generator use, etc. Additional charges will apply for this service. This service must be arranged ahead of time in order to accommodate and is based on availability.
12. DELIVERY/PICK-UP SERVICE:
Delivery service is available on most orders, based on availability. All fees are based on tailgate delivery and charged based on geographic location. Additional delivery charges will occur for delivery locations above or below ground floor, excessive distance for delivery and pick up of inventory from the parking site of the delivery truck, specific delivery and pick up times, and after-hours delivery and pickup.
If delivery items must be brought inside a house or building, other than a garage/storage area, this must be planned in advance with your sales representative and noted on your rental contract. SH and/or SH employee, assumes no liability if accidental damage occurs to the property/home/building/trees/ landscaping/person(s) during the time of delivery and/or pick up. In addition, SH is not responsible for damage to flooring during time of delivery/pick up or use of rental items indoors.
Delivery fees quoted may change after site inspection. All items will be delivered and picked up at a designated location, additional fees will apply for distribution of rental items to specific locations. The customer should be available to count all items upon delivery and pick up, otherwise the counts will be considered accurate and replacement costs will be charged for missing items on pick up. Orders are typically delivered 1-4 days in advance of your event while pick-ups occur 1-4 days following your event. Responsibility for equipment remains with the customer from the time of delivery to the time of pick up. Please be sure all equipment is secured when not in use and protected from the weather.
Heavy equipment is sometimes required for tent installation; if we cannot access the tent site with drive-able machinery, truck to site fee will be charged.
We do not recommend resurfacing your driveway prior to delivery. Our delivery fleet consists of box trucks up to 26’ in length with lift gates for loading/unloading. Truck tires and lift gates could leave marks, indents or damage to asphalt or cement. To avoid damage to driveway, customer may arrange with sales, prior to day of delivery, that we are not able to pull into driveway or up to the tent site, etc. Customer then must put up a barrier, such as cones, blocking off the driveway entrance before arrival for delivery and arrival for pick up. If barrier is not present, it is assumed delivery/pick up staff may pull into driveway and drive up to the site of the tent.
SH reserves the right to cancel or postpone delivery, or increase the delivery/set up/removal fee, if site is over 60’ from truck access, up or down hills or steps, or during extreme weather conditions that prevent access to the site.
Delay on site for delivery/pick up due to site not being prepared will result in additional labor fees determined based on length of delay time and manpower on site.
13. CLEAN UP/PREPARATION FOR PICK UP:
All floral arrangements, trash, and decorations of any kind should be removed from tent before scheduled pick up time. SH will not pick up trash from event sites. All chairs and tables should be stacked and/or re-bagged as delivered. All dishes, glassware and cooking equipment should be returned to proper rack or container and assembled in a single location for pick up. Dishes, glassware and flatware must be well-rinsed and food/particle free. Stoves, ovens and grills must be returned clean. Linens should be shaken out, dry, food and particle free and placed in protective bag. It is customers responsibility to have rental items available and accessible for pick-up. If we cannot access items during pick-up, it will be the customers responsibility to return items to avoid replacement fee for missing items. Additional fee will be charged if multiple trips are required to pick up rental items.
Note: Do not store linens in unmarked black trash bags, this is often times mistaken for trash and inadvertently thrown away during clean up, which will result in replacement fee.
CHINA, GLASSWARE AND FLATWARE RENTALS: The security deposit will be forfeited if these rental items are not returned WELL-RINSED, FOOD and DEBRIS FREE and returned in ORIGINAL CRATES.
LINEN RENTALS: Linen colors may vary slightly due to dye lots and washing. Linen size and shape may vary slightly due to washing and pressing. SH rental sales associates are not responsible for fitting linens and chair covers to Customer tables and chairs. Samples are available for fitting upon request for a small refundable deposit.
14. SEVERE WEATHER/TENTS (if applicable):
Customer understands that tents are temporary structures, designed to provide limited protection from weather conditions, primarily sun and moderate rain. However, there may be unpredictable weather events, particularly those involving strong winds and lightning, in which the tents will not provide protection and may even be damaged or blown over. Evacuation of tents to avoid possible injury is recommended when severe weather threatens the area where the tent is erected. Please refer to your TENT EMERGENCY FORM and ARA TENT EVACUATION PLAN for reference. For an additional charge, SH can provide the services of a staff member on site during your event to assist with weather assessment and evacuation if necessary. If onsite technician services are not arranged prior to event or SH staff are unavailable for this request, customer assumes responsibility to be aware of changing weather conditions and to exercise their best judgment regarding the evacuation of the tent(s). The SH emergency contact numbers are available to provide verbal assistance to customers after normal office hours and available on our after-hours answering machine message. Customer agrees that in the event of a predicted or actual storm or excessive winds, SH may dismantle any equipment that has been previously installed or refuse tent installation to ensure safety of all involved.
Snow/Ice: Tents are temporary structures and should not be occupied during snow or ice accumulation on tent.
Customer understands they are responsible for monitoring snow and/or ice accumulation on tent. Customer must maintain tent by frequently pushing or pulling water/snow/ice off of the tent during and after a weather event. Customer is responsible for running tent heaters during this time, to help alleviate snow/ice accumulation.
Accumulation could cause damage or collapse of tent, in which case, customer is responsible for replacement/repair and labor cost for or associated with damage done by snow/ice accumulation. SH is not responsible for any personal or property damage, injury, or death as a result to a tent collapse.
Lightning: Tents are temporary structures and should not be occupied during lightning or severe storms.
According to the National Oceanic and Atmospheric Administration (NOAA), “There is little you can do to substantially reduce your risk if you are outside in a thunderstorm. Run to a safe building or vehicle when you hear thunder, see lightning or observe dark threatening clouds developing overhead. Stay inside until 30 minutes after you heard the last clap of thunder.” (NOAA)
A safe shelter is “one that is fully enclosed with a roof, walls and floor, and has plumbing or wiring. Examples include a home, school, church, hotel, office building or shopping center. Once inside, stay away from showers, sinks, bath tubs, and electronic equipment such as TVs, radios, corded telephones and computers.” (NOAA)
Just to be clear: carports, covered patios, picnic shelters, beach pavilions, open garages, trees and of course tents of any kind, are all unsafe places to seek shelter in a severe storm/lightning.
Wind: Tents are temporary structures and should not be occupied during high wind.
Customer is responsible for evacuating the tent if wind conditions develop. Some signs of high winds conditions include but are not limited to the following: Wind speeds over 35 mph, tent poles lifting off ground, tent stakes pulling from ground, tent fabric or sidewalls starting to tear, nearby tree branches falling, lighting or thunder.
During any weather event, when in doubt, vacate the tent immediately.
Severe Weather Related Tent Cancellation: Weather conditions cannot be predicted or predetermined at the time of reserving rental tents or equipment. SH reserves the right to cancel or refuse tent installation if we feel that forecasted weather events may provide unsafe conditions for tent installation, or dismantle – including, but not limited to, wind, rain, flooding, snow, ice, any named storm or weather event, based on the information we are provided with by the NOAA.
In the case that SH makes the decision to cancel the tent installation within 10 days of delivery, due to safety concerns, the following statements will be used as an addendum to the cancellation terms listed above.
Addendum as follows: [“Customer will be responsible to cover 50% of tent cost, and any associated tent parts, such as sidewalls, lighting, ballasts, heaters, generators, etc. Customer will be responsible to cover 100% cost on any and all other rental items. In addition, any sub rented or subcontracted rental items may be subject to 100% charge to cancel, based on policies of subcontractor.”]
This addendum above only applies if SH cancels the tent rental due to circumstances noted above. Customer cancellations due to weather, inside of the 10 day period before delivery, do not apply and customer will be responsible to cover 100% of all rental costs as stated in our terms and conditions and listed on the rental contract.
Customer may also opt to reschedule their event, on a date that SH has available within a 12 month period from the original event date.
SH strongly suggests customer obtains event insurance to help off-set any lost cost, due to unpredictable weather circumstances.
SH strongly suggests customer obtain a backup, indoor venue, if planned tent rental takes place during hurricane season or if planned tent rental location is in a coastal or exposed geographical area.
15. ADDITIONAL CHARGES:
Tenting permits may be required in your area. For your event, the customer is responsible for obtaining all permits and applicable fees.
Additional charges may apply if-
(a) The site is not ready or accessible when crew arrives.
(b) The tent and/or rented equipment is not ready for prearranged pick up.
(c) Delivery or pick up is from any location other than ground level.
(d) All chairs and tables are not stacked and/or bagged as delivered for pick up.
(e) Food service items are not rinsed free of food.
(f) Any equipment (stoves, grills, ovens, fryers) is returned dirty.
(g) Customer requires pick up before or after normal business hours.
(h) Site requires custom tent installations (i.e., on asphalt, decks, immovable obstructions, etc.).
(i) Cooking is prohibited in or near tents. Cleaning charges or replacement fee will be applied.
(j) Tables are returned with tape, staples or tacks applied.
(k) Location for delivery is any location other than off the back of the delivery truck. Truck to Site labor fee can be added on upon delivery/pick up, if arrangements were not made in advance to move rental items to a different location.
(l) Any rental items were left out in rain, snow, ice, or weather events; repair or replacement charges will apply.
(m) CAD drawings for tent layouts are offered with your tent rental service, fee may apply for more than 5 CAD adjustments.
(n) Electric Distribution layouts are offered when renting a generator, fee may apply for complex electric distribution.
(o) Site Visits are offered to evaluate potential tent sites, fee may apply if multiple site visits are required and/or site is over one hour travel distance.
16. COLLECTION COSTS:
Customer agrees to pay attorney fees, collection fees, court costs or any expense incurred in collecting any charges under this contract, in retaking the rental items, or otherwise in enforcing the terms of this contract.
17. FORCE MAJEURE:
Except with respect to payment obligations under this Agreement, no party shall be liable for, nor shall such party be considered in breach of this Agreement due to, any failure to perform its obligations under this Agreement as
a result of a cause beyond its control, including any act of God or a public enemy or terrorist, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm, epidemic, pandemic, or other like event, disruption or outage of communications, power or other utility, labor problem, unavailability of supplies, or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by such party with reasonable care (each, a “Force Majeure Event”). If Force Majeure is enforced by either party with written notification, any monies paid except the initial 50% down payment will be refundable and contract can either be canceled in its entirety or a new future date can be chosen agreeable to both parties.