For the purpose of this Rental Contract:
- The Party Rental Collective (PRC) shall mean the Rental Company (Ritwell Enterprises Ltd.), its owners, officers, directors, and employees;
- Customer(s) shall mean Customers, guests/visitors of customer, and their agents, contractors and/or employees.
- Rental Agreement shall mean the itemized list of items contained in the electronic estimate or invoice emailed or faxed to the Customer, who by virtue of having signed the estimate or invoice, and/or paid an advance deposit or in full, expresses his or her agreement with the contents of the Estimate or Invoice.
- Rental Center shall mean The Party Rental Collective showroom or warehouse, or any other facility owned or leased by The Party Rental Collective where the storage, maintenance or transfer of its equipment occurs.
In reference to leasing the rental item(s) / equipment described on the 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 hold The Party Rental Collective harmless 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 of property, arising out of the use, maintenance– installation, operation, possession, ownership, or rental of the items rented, despite cause.
2. ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY.
Customer is fully aware of and acknowledges that there is a risk of injury, death, or damage arising out of the use or operation of the items contained in the Rental Agreement and hereby elects to voluntarily enter into this Agreement and assume all of the aforementioned risks.
Customer agrees to release and discharge The Party Rental Collective from any and all responsibility or liability from such injury, death, or damage arising out of the use or operation of the rental items. Customer further agrees to waive, release and discharge any and all claims for injury, death, or damage against The Party Rental Collective, which customer otherwise may be entitled to assert.
3. POSSESSION/ TITLE.
PRC agrees to reserve all items listed in the Rental Agreement on behalf of the Customer only after the following have been received from the customer.
- A non-refundable deposit equal to 50% of the total cost specified in the Rental Agreement (or a lesser amount determined at the sole discretion of PRC)
- All Porta Potties, Portable Restrooms, and/or Portable Sink rentals are subject to a non-refundable 50% deposit regardless of whether they are rented with other items or as a stand-alone rental
- A signed & dated copy of these Terms and Conditions
The remaining balance of the rental agreement must be paid 3 months prior to delivery/pickup, unless otherwise specified by PRC. If this obligation is not met, PRC reserves the right to either cancel the order without refunding the initial 50% deposit, or apply late payment charges equal to the highest APR allowed by British Columbia law. Any balance owing will be charged to the same payment source used for the deposit, within 3 months of the rental start-date. If customer would like to use a different form of payment for the balance owing, they must communicate this in writing to ERK no less than 3 months prior to the rental start date.
Customer’s right to possession of the rental items:
- Is for a 3-day period. Equipment returned after normal business hours on the third day will be charged for an additional 1-day rental period. Any penalties will be charged to the Customer’s form of payment on file with PRC.
- Begins when the rental items leave the rental center in the care of the customer, or upon delivery.
- The rental agreement terminates once PRC has regained possession of the rental equipment.
- Any extension of the agreement must be agreed upon by PRC in writing.
- Title of the rental items shall, at all times, remain with PRC.
- Customer authorizes PRC to retake possession of the rental items without notice or legal process at any time, despite whether the equipment is on private property.
4. LEGAL FEES.
Customer will pay all collection fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract. Any law suits that may occur between PRC and their customers must be filed in Kamloops, BC, and any litigation will be held in a Kamloops, BC Court.
The Rental Agreement may be executed or delivered by fax, or other electronic means such as email. The Rental Agreement is valid whether properly signed by the Customer or not, so long as the Customer takes possession of the rental items. It is also valid if signed by another party signing on behalf of the Customer, in which case the signing party will sign their own name, and then print C/O (Care Of) “Ordering Party.”
6. UNSAFE CONDITIONS.
The Party Rental Collective reserves the right to refuse to install or deliver rental equipment due to unsafe conditions or weather. If this occurs, Customer will be liable for a minimum of 50% of the total cost specified in the Rental Agreement. In the absence of unsafe weather or other conditions, The Party Rental Collective will use all appropriate means and methods to secure the rental equipment for the safety of the Customer and the equipment.
All customers will provide a 50% NONREFUNDABLE DEPOSIT in order for PRC to reserve their order.
- All payments made toward washrooms and handwashing stations are non-refundable
- Order reductions (excluding porta potties, portable restrooms, and/or portable sink rentals) up to 50% of the original invoice amount (pre-tax) can be made until 3 months prior to the rental start date
- Within 3 months of the rental start date, customers may reduce their order up to a maximum of 20% up to 14 days prior to the rental start date. Any reductions over 20% and/or made within 14 days of the rental start date will not be eligible for refund.
- Customers who cancel their orders at any time after a deposit is provided WILL LOSE THEIR DEPOSIT regardless of their circumstances or reasons for cancellation.
8. CUSTOMER PICK UP AND RETURN.
- PRC will reserve will call/pickup orders only if a rental agreement and this document have been signed. If the customer fails to pick up their will call order on the specified date, then PRC may re-rent the equipment; or if the equipment goes unrented, then PRC MAY STILL COLLECT A MINIMUM OF 50% FROM THE CUSTOMER.
- Responsibility for customer-pickup rental items remains with the customer from time the items leave the Rental Center until the time they are returned.
- The Customer is responsible for loading, unloading, and securing items within his or her vehicle as well as for any damage that they may suffer during those operations.
- PRC will assist the customer in loading, but PRC will not be held liable for traffic accidents or damages to vehicles or rental equipment in transit due to improper loading.
- Items returned after the return date specified in the Rental Agreement will incur additional fees to be determined by PRC.
- All Tents - other than pop-up tents - must be delivered and setup by PRC. When rented online, the delivery fee will be added after the order has been placed.
9. DELIVERY CHARGES.
- Customers must be present for their entire delivery window. PRC will grant a 15 minute waiting period, after which the customer will be charged for waiting time up to $120.00 per hour billed in 5 minute increments.
- PRC offers Tailgate delivery only and will not assist in setup/takedown of rental items, except in the case of Tents, where PRC will complete setup and takedown.
- “Tailgate delivery,” is defined as:
- Delivery to a ground level location on a flat, hard surface, within twenty five (25) feet of the nearest loading area with no steps or obstructions.
- PRC will stack items neatly and securely with reasonable access for the Customer;
- All equipment must be re-stacked and made ready for pick up by the Customer in same manner in which it was delivered;
- There will be a minimum two-hour window for both delivery and pickup (unless otherwise arranged in writing with PRC).
PRC may assess additional charges starting at $120 and an additional $120 per hour thereafter when delivery conditions cause PRC to incur additional labor costs, including, but not limited to:
- delivery/pick-up location beyond 25 feet of the delivery vehicle
- multiple delivery/pick-up locations
- deliveries impeded by stairs, elevators, steep or uneven surfaces, standing water, mud, or soft surfaces like sand loose gravel;
- deliveries that involve waiting times of more than 15 minutes;
- customer requires a precise (to within 15 minutes) delivery or pickup time;
- last-minute or rush deliveries or pickups; and/or
- Inaccurate delivery locations or directions supplied by the Customer.
All tents - other than pop-up tents - must be setup and taken down by PRC staff. Customer is not permitted, in any circumstance, to alter, takedown or move a tent once it has been setup.
Unless otherwise requested, PRC secures all tents by driving two 26" steel stakes into the ground at each leg. Customer is responsible for ensuring there is nothing below the ground surface that will be damaged by the stakes. PRC is not liable for any damages caused by the stakes. Customer is responsible for any and all damages caused by the stakes.
Frame tents can only be secured with stakes. If PRC is not able to secure a frame tent with the steel stakes, the tent will not be setup and Customer will not be eligible for any refund or compensation.
If weights are needed to secure Marquee tents, Customer most inform PRC at least 14 days prior to rental. Without proper notice, the tent will not be setup and Customer will not be eligible for any refund or compensation.
11. EQUIPMENT USAGE AND RETURN.
All china and flatware must be rinsed reasonably free of any food debris. Failure to do so will result in PRC charging an additional $0.25 cents per piece. Additionally, Customer is responsible for any loss or damage to rental items regardless of cause or fault, including acts of God, and PRC has 72 hours after retaking or receiving possession of rented merchandise to assess its condition and determine whether damage occurred while it was in the possession of the renter.
In such instances, unless the items in question are covered by a damage waiver, the Customer agrees to pay PRC for:
- All labor costs associated with repair and/or attempted repair of damaged equipment
- Replacement equipment (if necessary)
- Replacement of equipment directly related to the normal quality and functionality of the damaged equipment
- All shipping or delivery fees associated with the replacement or repair of damaged equipment.
- Broken items must be returned in their broken state or they will be considered stolen.
- Replacement costs due to negligence will be charged to the Customer. This includes:
- Water damage
- Intentional damage
- Damage arising from reckless or grossly negligent use of the equipment
- Damage caused by abnormal or abusive use of the equipment
PRC may offer discounts at its sole discretion. Any violation by the customer of PRC’s rental contract or Terms and Conditions, including violation of payment terms, will make such discounts null and void.
13. LOCAL RULES AND REGULATIONS.
Any and all rules and regulations governing an event site must be provided in writing to PRC prior to the delivery of rental equipment. All fines incurred as a result of non-disclosure of such regulations are the responsibility of the customer.
Customer Name (print): ________________________________________________________________