For the purpose of Rental Agreement, “Blue Peak” shall mean Blue Peak Tents Inc., its employees, and its subcontractors, and “Customer” shall mean the customer, its agents and/or employees. In consideration of the rental items (herein “the rental item or items”), the customer agrees to the following terms:
1) INDEMNITY/HOLD HARMLESS- Customer will take all necessary precautions regarding the items rented, and protects all persons and property from injury or damage. Customer agrees to indemnify, defend and hold harmless Blue Peak from and against and or all liability, claims, judgments, attorney’s fees and costs of every kind of nature, including but not limited to, injuries or death to persons and damage to property, arising out of 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 Blue Peak.
2) ASSUMPTION OF RISK- DISCHARGE OF LIABILITY- Customer is fully aware and acknowledges there is risk of injury or damage arising out of the use or operation of the items rented hereunder 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 Blue Peak from any and all responsibility or liability from such injury or damage against Blue Peak which Customer otherwise may be entitled to assert.
3) DELIVERY, INSTALLATION, INSPECTION OF RENTAL ITEMS- Customer rents the rental items on an “as is” basis. Customer agrees to release Blue Peak of any liability for any damage to any property due to delivery, installation and removal of equipment. This includes but is not limited to ruts in grass, scratches or cracks on the installed surface, and high wind related damages. It is the responsibility of the renter to communicate to Blue Peak the location of any underground utilities or sprinkler systems, including but not limited to wiring, pipes, sewage systems, or any other interferences. If Customer fails to give warning and correct locations Blue Peak will not be held responsible for damages to underground utilities. Customer acknowledges that he has, or will, personally inspect the rental items prior to use and finds the items suitable for customer’s needs and in good working order. Customer acknowledges receipt or all listed in the Rental Contract and that rented items are in good working order and repair and that the Customer understands (without further instructions) the proper operation and use of items. Blue Peak shall not be required to install equipment at any time when rains, wind, etc. makes work unsafe for employees and/or equipment. Blue Peak shall not be required to install in an area that Blue Peak determines to be too muddy, dirty, unsafe, or unfit for the installation. Blue Peak will be the sole judge thereof. The area of installation must be free of obstructions such as trees, poles, etc. Areas of tent installation must be of adequate size with a minimum of 10 feet of space around the entire perimeter of the tent for staking. If the Customer is not present during the finish of delivery or installation, Customer waives their right to inspect and count the rental items and will rely on the counts by Blue Peak.
4) POSESSION/TITLE- This is a rental agreement only and the rental items shall remain the personal property of Blue Peak. The rental items shall not be removed from the place of installation or delivery. Customer’s right to possession of the rental items begins upon the rental items leaving Blue Peak and terminates when items are picked up by Blue Peak or brought to Blue Peak warehouse by Customer. Retention of possession after this date constitutes a breach of this Rental Agreement. Customer agrees not to sublet or loan the rental items from the address at which the Customer represented they were used.
5) RENTAL PERIOD/RATE/PAYMENTS- If Customer makes greater use of the rental items than agreed upon, it is agreed that the additional usage will be charged. Blue Peak 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 Contract. Customer agrees to pay any collection of this account or any dispute arising out of this Rental Agreement. Unless otherwise stated in writing, final payment is due on or before delivery and can be paid by cash, check, MasterCard, or Visa. A 3% charge will be accessed to all American Express transactions. Customer agrees to pay monthly service charges for all unpaid balances. All deposits made on rental contracts are non-refundable. Cancellations or significant reductions of rental items prior to 72 hours before delivery will be subject to cancellation fee on half of contract costs. Cancellations or significant reductions of rental items within 72 hours of delivery well be subject to cancellation fees of full contract cost.
6) PROPER CARE- Customer shall be monetarily responsible for all damage to rental items. Damage includes but is not limited to: damages due to overturning, overloading, or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; dirtying of rental items by paint, mud, plaster, ash, concrete, rosin, wax or any other material.
7) COMPLIANCE WITH LAW/USE RENTAL ITEMS- Customer agrees not to use or allow anyone to use the rental items in any illegal manner or in any unsafe manner. Customer agrees at his sole cost and expense to comply with all municipal, country, state, and federal laws, ordinances and regulations which may apply to the use, licenses, fines, fees, permits, or taxes arising from his use of the rental items. Customer is responsible for obtaining all permits 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 to this Agreement with Blue Peak or its subcontractors. Customer shall not allow any person who is not qualified or who does not utilize all safety equipment required to operate or use the rental items. Customer acknowledges that Blue Peak has no responsibility to inspect the rental items while they are in the Customer’s possession.
8) RETURN OF RENTAL ITEMS- Customer agrees to return to Blue Peak the rental items in good condition as when received by agreed Return Date. Customer shall be liable for all damages to or loss of the rental items and liability incurred prior to rental items return to Blue Peak. Customer shall be responsible for all costs incurred by Blue Peak recovering and returning damaged rental items to Blue Peak’s premises. If rental items are to be “picked up” by Blue Peak, Customer agrees to provide a secure storage location and Customer accepts all risk including damage and theft and liability to rental items for a the period of time until the rental items are picked up by Blue Peak.
9) DISCLAIMER OF WARRANTS- Blue Peak 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 customer’s particular intended use or that is free of latent defects. Blue Peak shall not be responsible to customers or any third party for any loss, damage or injury resulting from, or in anyway attributed to the operation of, use of or any failure of rental items. Customers remedy for any failure of or defect in the rental items shall terminate rental charges at time of failure, provided that the Customer notifies Blue Peak immediately and returns the rental items to Blue Peak within twenty-four (24) hours of such failure.
10) DEFAULT- Should Customer in any way fail to observe or comply with any provision of this Rental Agreement, Blue Peak may, at its sole discretion, may terminate this Rental Agreement, retake the rental items, declare any charges due and payable and initiate legal process to recover monies owed. If for any reason it becomes necessary for Blue Peak to retake the rental items, Customer authorizes Blue Peak to retake the rental items without notice or further legal process and agrees that Blue Peak shall not be liable for any claims for damage or trespass arising out of the removal of the rental items.
11) LEGAL FEES- In the event an attorney is retained to enforce a provision of this Rental Agreement; the prevailing party in the dispute shall be entitled to recover reasonable attorney’s fees and court costs in such action or proceedings in an amount to be determined by the court.
12) NOTICE OF NON-WAIVER/SEVERABILITY- Any failure of Blue Peak to insist upon strict performance by Customer in regard to any provisions of this Rental Agreement shall not be interpreted as a waiver of Blue Peak’s 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 provision.
13) MOVING OF NON-RENTAL ITEMS- Blue Peak is not liable for any damage arising from customer requested/implied request to move non-rental items, including, but not limited to furniture, vehicles, plants, lights, ect.
14) WEATHER- Tents and structures are inherently dangerous and are used as temporary structures designed to handle most normal weather conditions; however, there may be situations that become unsafe such as high winds or lightning. EVACUATION OF THE TENTS IS HIGHLY RECOMMEDED IN THESE AND OTHER UNSAFE WEATHER CONDITIONS. TENTS ARE NOT TO BE USED AS SHELTER DURING SEVERE WEATHER. If weather or winds damages rental items or collapses a tent while in the possession of the customer, Blue Peak shall not be responsible to fix, repair, or re-install tents or other rental items before the event. The rental items and tents shall not be touched or moved by the Customer until Blue Peak is available to retake the items. If after delivery, weather conditions either damage the rental items or weather makes the rental items unsuitable for use, there will be no refund and Customer shall be still liable for full contract cost.
15) DAMAGE WAIVER- A 7% optional damage waiver will be automatically added to the total of the contract. The damage waiver is a floating fee that adjusts upwards or downwards depending upon any additions or deletions to the original contract price. If the customer has accepted the damage waiver by not initialing the appropriate portion of the rental contract, then Blue Peak shall waive claims against the Customer for any accidental damage to the rental items EXCEPT the following for which the customer shall be responsible:
Customer may also call Blue Peak office at 630.338.0288 to decline damage waiver charges before delivery of rental items.
SUMMARY: RESPONSIBILITY OF THE EQUIPMENT REMAINS WITH THE CLIENT FROM THE TIME OF DELIVERY TO THE TIME OF PICKUP. Please be sure all equipment is secured when not in use and protected from weather. All collection fees, attorney fees, court costs, or any expense involved in the collections of rental charges or damaged items will be the client’s responsibility. Be sure all equipment is returned according to these TERMS & CONDITIONS. The client is solely responsible for any additional charges incurred as a result of failure to meet these conditions.