Terms & Conditions
Equipment Rental & Labor
This Equipment Rental Agreement is entered into on the date listed above as “Today’s Date” by and between “The Renter” listed above, who will take possession of the equipment, and Eventals LLC now known as “The Company”, the owner of the Equipment, the two parties who agree to the following Terms & Conditions as follows:
Terms & Conditions:
This Agreement commences on the date this document was signed and will continue until the equipment has been returned. Location of the equipment will be located at the Event Address listed above. Equipment shall not be moved unless otherwise agreed to in writing by The Company. If the Equipment is moved from the above Event Address for any reason, The Renter must immediately notify The Company of the location of the Equipment.
1. Equipment & Services Payment.
The total payment owed for equipment rentals and services is listed above as “Total”. Additional Charges. Additional charges will become due for every day the equipment has not been returned beyond the Term of this agreement, set out above, unless the Agreement has otherwise been altered in writing. The additional charge will be calculated by each piece of equipment (quantity) times the unit price.
2. Deposit.
At the time of signing this Agreement, a non-refundable deposit of 30% will become due. The Deposit shall be accounted towards the Total amount due. If any of the Additional Charges described above become due, those charges will be automatically charged to The Renter’s credit card/debit card.
3. Payments.
Payments shall be made by th Renter to The Company according to the following Payment Plan: The Renter agrees to pay The Company in full less the deposit, three days prior to the event date.
4. Delivery and Return of Equipment.
If The Renter requires delivery service, a delivery fee will be applied and listed above as “Delivery Fee”. The equipment will be delivered on the date listed above as “Event Date”. The delivery location will be listed above as “Event Address”. If The Renter opts-out of the delivery The Equipment will be returned to The Company’s place of business on the “Rental Due Date” listed above.
5. Damage or Loss.
If the Equipment is damaged beyond reasonable wear and tear, an amount necessary to fix or offset the damage will become due and paid by The Renter. The Company will evaluate and choose if equipment needs to be fixed or be replaced. Any damage or loss of the Equipment will be the responsibility of The Renter. The Renter may hire The Company to set up, install, take down, disassemble, deliver and/or operate The Renter’s equipment. The Renter agrees and understands The Company, it’s officers, contractors, freelancers, and employees will not be responsible for any lost, stolen, or damaged equipment provided by The Renter or its third-party vendors.
6. Labor.
If labor is hired, The Renter will obey the California Labor Laws. The Renter is aware and agrees to a 4-hour minimum charge for all labor calls. If the Renter exceeds 5.5 Hours, the Renter agrees to pay a full day rate up to 10 hours. Depending on if labor is still available, any labor calls over 10 hours The Company will bill the Renter time and a half for each laborer. Time is of the essence. The hourly rate amount will be determined by the invoice attached to this agreement.
7. Alterations to Contract.
Any alteration to this Agreement must be agreed to by The Renter and The Company in writing.
8. Termination by The Company.
If the Renter breaches any obligation created by this Agreement, The Company may give The Renter a Notification of Breach which provides The Renter notice identifying the breach, in writing. Upon receipt of such Notification of Breach, The Renter will have seven (7) days to cure the breach. If the breach cannot be cured in seven (7) days, The Company is entitled to terminate this Agreement and The Renter must return Equipment. Alternatively, The Company may cure the breach and deduct the cost of curing the breach from The Renter‘s credit card/ debit card.
9. Indemnification and Hold Harmless.
The Renter agrees to indemnify and hold The Company, its officers, agents, contractors and employees harmless from any loss or liability which may result from claims of injury to persons or property from any cause arising out of or during the use and occupancy of the Facility by Renter and Renter’s guests, agents, or employees.
10. Cancellations:
In the event of a cancellation by The Renter, initial deposit will not be refunded. No exceptions. Any payments made after the deposit is subject to a refund 30 days prior to the “Event Date” listed above. In the event, when Eventals LLC hires a third-party company for labor, construction or installation materials for the event listed above, The Renter understands the Company will make an effort to obtain a refund and return the monies back to the Renter. However, If the Company cannot receive a refund back from the third party company then Renter forfeits a refund. It is the responsibility of The Renter to notify The Company of cancellation in writing.
11. Mediation.
In the event a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties hereby agree first to attempt in good faith to settle the dispute by mediation administered by the Superior Court of California County of San Diego before resorting to litigation or some other dispute resolution procedure.
12. Dispute Resolution.
In the event of any dispute between the Parties regarding this Agreement, the Parties shall submit the matter to binding arbitration in the city of San Diego under the rules of the American Arbitration Association or any local arbitration association upon which we otherwise agree. This Agreement shall be governed by the laws of the State of California. The prevailing party shall be awarded its reasonable legal fees and costs.
13. Severability
If any provision of this Agreement should be found invalid or unenforceable, that provision should be severed from the Agreement and shall have no effect on the remaining provisions of this agreement.
This Agreement is subject to the laws and regulations of the state of California.
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