STANDARD TERMS AND CONDITIONS OF RENTALS
Services Provider shall provide Client with the services and/or products ("Services") listed on this order/invoice:
Delivery of Services. Provider will provide all Services by the delivery or event date on this order unless otherwise specified in this Agreement. Provider will make goods available at the pickup/delivery location on this order. When the provided Services are tied to the number of guests that Client expects to attend Client's wedding or other event, Client agrees to notify Provider with an accurate guest count at least 10 days prior.
Equipment and rental items are only to be used at the location initial location. If Equipment and rental items are moved to a second location it will constitute an additional charge
Cost, Fees and Payment
Cost. The total cost ("Total Cost") for all Services is the total on the Sales order or Invoice. A 50% down payment is required to reserve your date. The final payment is 14 days before the delivery date. Client shall pay the Total Cost to Provider as follows:
1. The down payment is refundable up to 60 days prior to the delivery date.. The down payment will be applied to the total purchase price.
2. Remainder of purchase price is due 14 days prior to delivery.
3. Security Deposit which will be invoiced separately is due 14 days prior to the delivery date and will be returned or check destroyed within 3 weeks after return and inspection of items unless damages are assessed.
4. No significant quantity changes or design changes less than 60 days prior to the event. (with approval this can be considered but additional costs may be incurred.).
5. No refunds for cancellations less than 60 days prior This includes cancellation of individual items not just cancellation of the entire order. Example, if you decide not to use chargers, napkins or anything on your order you must cancel 60 days prior to receive refund. Small quantity changes can be made up to 14 days prior without penalty.
6. Changes made less than 10 days prior will incur a service charge, minimum of $25
If event is canceled less than 60 days prior to the delivery date the down payment paid to Provider will not be returned and there will be loss of the event date. This includes cancellation of individual items not just cancellation of the entire order. Example, if you decide not to use chargers, napkins or anything on your order you must cancel 60 days prior to receive refund. Small quantity changes can be made up to 14 days prior without penalty.
If the event is postponed, services contracted can be applied to a new date if available (refer to Postponement Policy).
If event is postponed, all services will cease at time of notification of postponement if no determined new date is provided. Payment schedule will be determined and readjusted upon new event date notification.
- Payment Method
- For your convenience, payments can be made online via Odoo using Stripe using a valid credit card or bank transfer. Otherwise, payment is to be made by cash or check(our preference).
- If you wish to pay by check please make checks payable to Something Borrowed and mail to 447 Sherman Place Newton, KS 67114
Care of Rentals
Detailed instructions will be given to you for care of your specific item. You are responsible for telling those who are setting up/tearing down and returning items on the proper care. Items returned incorrectly may incur additional cleaning/handling charges.
Additional unplanned and/or un-contracted services (such as, but not limited to, full redo of design, day of event extension of time, services outside of scope of agreement, management of non wedding day activities, etc) are considered overtime and will be billed with prior notification and consent at the rate of $75 per hour.
Any items purchased on behalf of client for day of event or prior will be billed directly to client at cost of goods and mileage at IRS mileage rate per mile if extensive travel (beyond 25 miles) is required to be acquired.
Contracted Vendor and Payments
Any rentals and/or subcontracted vendors contracted on behalf of client will be paid in full to Provider directly at requested deadline. Proper notice will be provided per cost.
It is understood that Provider is only liable for services completed and provided by Provider and cannot be held liable for the services of other contracted vendors. It is understood that in no event shall Provider be liable for consequential damages of any kind.
To be returned in provided tubs properly packaged
Provider is NOT responsible for damage caused by candles
Lanterns and vases will become hot when real candles are used. Snuff candles with provided snuffers and let cool before handling. Provider is not responsible for injuries.
Will be professionally laundered, pressed, and hung up. They will have fold lines from the hangers & pressing.
To be returned in bags provided
Make sure linens are shaken out and dry. If linen is wet please drape it over clothes rack or linen bags
Please let me know of any large stains or candle wax issues
Use of Photographs
Provider has the right to use photographs from the event including the setup items for promotional purposes including their website or any social media platforms. Appropriate credit will be given to photographer and other vendors.
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”):
(a) acts of God;
(b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic;
(c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest;
(d) government order or law; (
e) actions, embargoes or blockades in effect on or after the date of this Agreement;
(f) action by any governmental authority; (g) national, regional, or local emergency;
(h) Other Incidents Not within the control of the provider, i.e. accident, death in the family, illness, pregnancy, or sudden tragic circumstance.
(i\) strikes, labor stoppages or slowdowns or other industrial disturbances;
and (j) shortage of adequate power or transportation facilities.
The Impacted Party shall give Notice within 10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 60 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.
Failure to Perform Services
In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
2. Attempt to find another competent professional to take its place with the mutual agreement of Client(s) and at no additional charge to the client(s);
3. If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
4. Excuse Client(s) of any further performance and/or payment obligations in this Agreement.
Appropriate Conduct/ Safe Working Environment
Health & Safety
Client(s) further understand that Provider complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the [event/wedding/session] Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the Provider to do anything illegal or unsafe. Further, Provider will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Provider reserves the right to end service coverage immediately and/or leave the [event/wedding/session]. Provider shall be entitled to retain all monies paid and Client(s) agree to relieve and hold Provider harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Provider’s] work.
Damages or loss of accessories
Client agrees to exercise all due care in caring for, and preserving the property of Provider. Clients shall remain responsible for all loss or damage to rentals, up to and including actual replacement value for each missing or damaged item per cost.
Tablecloths returned with food folded into them $5 each
Tablecloths mildewed, burned or stained beyond cleaning $25 each (Don’t panic most coffee, punch and BBQ sauce comes out without much difficulty)
PLEASE TAKE PRECAUTIONS TO AVOID GETTING MELTED CANDLE WAX ON LINENS.
Candle wax that cannot be removed will result in a charge of $25 each tablecloth
Broken decorations will be assessed a replacement fee that is based on the value of the item (Usually at least 4 to 5 times the rental fee)
Governing Law. The laws of
Kansas govern all matters arising out of or relating to this Agreement,
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
1. Provider's Email: email@example.com
2. Client Email on Sales order or invoice:
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendment. The parties may amend this Agreement only by the parties’ written consent.
The undersigned have read this contract, understand its terms, and agree to be bound thereby. Any additions, deletions, or revisions must be made in writing and approved by all responsible parties. The parties agree that this contract is the complete and exclusive statement of the mutual understanding of the parties.
By signing below, both Parties acknowledge and agree to be bound by the statements and terms of this Contract and have read and understand the specific instructions for my rental items.