RENTAL AGREEMENT
Petals & Hedges agrees to rent items and provide services to the client according to the terms and conditions outlined below.
RENTAL PERIOD
The rental period is for the items listed on the order for the date(s) listed on the order. Rentals are typically for a 24 hour period unless otherwise specified on the order.
DELIVERY and PICK UP TIMES
Our standard delivery schedule is delivery the day of the event with pick up the day after. However deliveries and pick ups are scheduled anywhere up to 3 days before and after your event based on the number and location of events in our system. The delivery and pick up day and estimated time window will be confirmed via text notification 1 week prior to your event. These are estimated times and are not guaranteed by Petals & Hedges.
Specific delivery and pick up days or times must be made a minimum of 21 days prior to the delivery date and are subject to availability. Additional fees may apply. These may include:
PAYMENTS
Deposit: An initial 20% deposit of the total price is required to reserve the rental items. Deposit payments are non-refundable, but credit may be given if cancellation is made 30 days or more from the event date.
Final Payment: The final balance is due 14 days prior to the event date.
Credit Card Authorization: A credit card is required to keep on file. If final payment has not been made 2 weeks prior to the delivery date, the card on file will be automatically charged the week of the event.
FEES
Rental Fees: The client agrees to pay Petals & Hedges the fees specified in the order. Rental fees are for the time the rental items are out and away from Petals & Hedges’ possession, regardless of whether the rental items are actually used by client. No refunds will be given for unused rental items.
Damage Waiver Fee: A nonrefundable damage waiver fee of 10% is added to the rental order. This fee is used to cover cleaning and maintenance of the rentals after the rental period. If any damage occurs, Petals & Hedges will first use the Damage Waiver Fee to repair. If the repair costs exceed the Damage Waiver fee, the client will be responsible for the amount in excess of the Damage Waiver Fee they already paid. All damage and repairs will be discussed with the client before making any repairs. Damage waiver is 10% of full product price, not 10% of the discounted item total.
Delivery and Set Up Fees: These fees are calculated based on multiple factors including but not limited to the size of the order, number of crew required, event location, unique site requirements, time required, and client requests including specific delivery and pick up times and/or delivery and pick up times outside of our normal working hours. Additional fees will be charged if our team is waiting for extended periods of time due to oversights in planning, overlaps with other vendors or if it cannot be completed due to factors outside the team’s control (does not include weather). The delivery fee is also based upon the rental items itemized in the original order; adding or changing rental items may increase the fee.
SUBSTITUTIONS and DECREASES OF RENTAL ITEMS
By Client: The client can decrease quantities or make substitutions for certain rental items up until 14 days prior to the delivery date. There will be no refunds for changes or decreases on Items made less than 14 days prior to the delivery date. Changes and additions to existing orders may require an additional deposit.
The delivery fee is based upon the rental items itemized in the original order; adding or changing rental items may increase the delivery fee.
By Petals & Hedges: Petals & Hedges reserves the right to make reasonable substitutions of rental items, when necessary, and shall inform the client of such substitutions prior to the event when possible. If the rental price for the substituted item(s) is less than the rental price for the originally selected items, Petals & Hedges will refund the difference in price, or if no substitution is available, the rental price for the affected rental items will be refunded to client.
CANCELLATION OF RENTALS and SERVICES:
Either party, without cause, may terminate the rental agreement by delivering written notice to the other party.
Cancellation by Client:
- The 20% deposit of the total order amount is non-refundable.
- Cancellations made 30 days or more (notice received within business hours) from the delivery date will receive a credit for the deposit amount, kept on file for another reservation within the calendar year.
- Cancellations made 29 days or less (notice received within business hours) from the delivery date will not receive credit for the deposit.
- Cancellations made 14 days or less (notice received within business hours) from the delivery date will require that the rental fees be paid in full with no credit or refund.
Cancellation by Petals & Hedges: In the unfortunate circumstance that Petals & Hedges must cancel the rental agreement, Petals & Hedges will refund the rental fees to the client.
RESCHEDULED RESERVATION DATE
Client must give written notice to Petals & Hedges if the rental date needs to be rescheduled. Client understands that Petals & Hedges cannot guarantee the availability of the rental items for the rescheduled date. Additional fees may apply due to rescheduling and product/crew availability.
CUSTOM OR SPECIAL ORDER ITEMS
Payment for these items must be made in full before production and purchasing. Cancellations for these items are non-refundable.
DAMAGED OR MISSING RENTAL ITEMS
Damages include, but are not limited to chipped, cracked or broken items, stained and dirtied upholstery or fabric that are beyond normal wear and tear, damage and residue from wax, adhesive or nails/staples/screws, loss or damage due to theft, burglary, misuse, abuse, theft by conversion, intentional damage, disappearance, or loss due to client’s failure to care for the rental items, including damage as a result of leaving rental items out in the rain or in a sprinkler system.
The client is responsible for the full replacement cost of damaged or lost rental items. For repairs, the client is responsible for the amount in excess of the Damage Waiver Fee already paid. Payment from the client is due within 30 days of notification from Petals & Hedges.
If the client discovers damaged or missing rental items prior to the start of the event, the client must notify Petals & Hedges immediately. If possible, Petals & Hedges will provide a replacement for any damaged or missing rental items prior to the event start time. If not possible to provide any replacements, we will refund the appropriate fee associated with the damaged/missing items. Damaged rental items shall not be used at the event. All damaged rental items remain the property of Petals & Hedges and must be returned.
Any damages occurring after the rental items are delivered to the client, including damage occurring as a result of any person other than an Petals & Hedges representative moving the rental items from the location where they were placed by Petals & Hedges are the sole responsibility of the client, whether actually caused by client or by client’s guests, event venue staff, or third party event vendors.
Client Pickup: For rental items picked up from Petals & Hedges, the client is liable for any damages to the items after pickup, including damages occurring during transport.
INCLEMENT WEATHER
Client agrees to arrange effective provisions so that, in the event of rain or inclement conditions, goods will be shielded from the elements and/or protected from damage. Failure to plan for such contingency may result in Petals & Hedges withholding the goods at the time of scheduled delivery. For any costs owed to Petals & Hedges for any damage repair, the client shall remit payment within 30 days following Company’s written request.
SUBRENTING
Petals & Hedges’ equipment shall not be subrented by the customer, nor shall customer assign or transfer any interest in this agreement without consent of Petals & Hedges.
MAINTENANCE AND CARE AND INSPECTION
Client is responsible for care and normal service of equipment and is responsible for all damages, direct or indirect due to lack of protective care. Further, Petals & Hedges shall have the right at any time to enter the premises where the equipment is being used or is thought to be located without becoming liable for trespass or fraud and shall be given free access thereto for the purpose of inspection or service of such equipment.
FAULTY EQUIPMENT
Client must notify Petals & Hedges immediately if equipment does not function properly.
REPLACEMENT OF MALFUNCTIONING EQUIPMENT
If the equipment becomes unsafe during use, client agrees to discontinue use and notify Petals & Hedges If available, Petals & Hedges will replace the equipment with similar equipment in good working order. Petals & Hedges shall not be responsible for any incidental or consequential damages to persons or property caused by delays or otherwise.
INDEMNITY
Client agrees to indemnity and to reimburse Petals & Hedges for any and all liabilities to client, client’s agents or third parties, arising out of the use of the goods or a breach of this contract by client, including those arising from Petals & Hedges' negligence.
HOLD HARMLESS
Client agrees to assume the risk of and hold Petals & Hedges harmless for any and all damage to persons or property caused during loading, unloading, pick-up, delivery or by the goods whether used properly or improperly and/or whether such damage arises out of Petals & Hedges’ negligence. With specific regard to dance floors, tables, and other flooring product, customer understands that grass or other vegetation under such floor will suffer "burning" and/or other damage and distress. Costs and efforts to rehabilitate or replace such vegetation shall be borne exclusively by the customer.
WARRANTIES
THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. There is no warranty that the equipment is suited for customer’s intended use, or that it is free of defects.
FORCE MAJEURE
Both parties shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to unforeseeable causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, pandemics, government orders (each a “Force Majeure Event”). Upon occurrence of any force majeure event, the affected party shall give written notice to the other party of its inability to perform or of delay in completing its obligations. A Force Majeure Event cannot be used to excuse Clients breach of its payment obligations or modify the cancellation policies under this contract. However, any amounts paid to Company up to the date of the Force Majeure Event will be available for transfer to another event within the 1 year period following the originally scheduled Rental Date.
DEPOSIT ACCEPTS AGREEMENT
By paying a deposit or entire rental fee, client agrees to the terms set out in this Rental Agreement.
Petals & Hedges
Event Rentals
Call or text: 317-847-2646
Email: petalshedges@gmail.com
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