RENTAL AGREEMENT
May 6, 2025 2025-05-06 15:09RENTAL AGREEMENT
RENTAL AGREEMENT
This Rental Agreement (“Agreement”) is made between the Customer (“You,” “Your”) and South Florida Event Rental, Inc. (“We,” “Our,” “Us”). By renting equipment (“Equipment”) from Us, You agree to the following terms and conditions:
1. RECEIPT & INSPECTION
You acknowledge renting the Equipment on an “As Is” basis. You confirm that You have inspected the Equipment, found it suitable for Your needs, and received all items listed in this Agreement in good working order.
2. RETURN OF EQUIPMENT
You must return the Equipment by the agreed “Due” date in the same condition as received, except for ordinary wear and tear. Damage beyond ordinary wear includes, but is not limited to, food and liquid stains, burns, tears, and candle wax on linens. If We pick up the Equipment, You agree to provide a secure storage location until retrieval.
3. LATE RETURNS
If Equipment is not returned by the Due date during Our normal business hours, rental charges will continue until returned. We do not permit possession beyond the Due date.
4. CARE OF EQUIPMENT
You agree to: (a) Pay a reasonable cleaning charge for returned Equipment that is dirty.
(b) Protect Equipment from the elements during delivery, use, storage, and pickup.
(c) Rinse and repack dinnerware in its original containers.
5. EQUIPMENT FAILURE
If Equipment malfunctions or becomes unsafe, discontinue use immediately and take steps to prevent injury or damage. You accept full responsibility if You fail to do so.
6. REPAIR & REPLACEMENT
You are responsible for any loss or damage to Equipment, except for reasonable wear and tear. If Equipment is lost or damaged beyond repair, You must pay its current replacement cost upon invoice receipt.
7. TITLE
Ownership of the Equipment remains with Us at all times. Your right to possession ends on the Due date.
8. CUSTOMER PICKUP & RETURN
You assume all risks when loading and unloading Equipment. If Our employees assist, We are not liable for property damage or injuries.
9. DELIVERY & PICKUP
Delivery and pickup occur at Our convenience. You grant Us access to deliver and retrieve Equipment. Additional charges apply for waiting time, stairs, setup, breakdown, or specific time requests.
10. SECURITY/CLEANING DEPOSIT
Your deposit covers missing, damaged, or unclean Equipment and unpaid charges. Refunds are processed after final verification.
11. OPERATION OF EQUIPMENT
You confirm either receiving instructions on Equipment use or being familiar with it. Only qualified persons may operate the Equipment.
12. SAFETY & LIABILITY WAIVER
You acknowledge risks associated with Equipment use and release Us from liability for injuries or damages, except for gross negligence.
13. WARRANTIES
We make no warranties regarding Equipment fitness for Your intended use or freedom from defects. Your sole remedy is termination of rental charges upon Equipment failure if You notify Us immediately and return the Equipment within 24 hours.
14. INDEMNIFICATION
You assume all risks and agree to indemnify Us against claims, damages, legal fees, and liabilities arising from Equipment use, except in cases of Our gross negligence.
15. LINENS
Return linens dry and debris-free. Do not roll up or place wet linens in plastic bags, as mildew will result. You agree to pay replacement costs for damaged linens. Charges apply for missing hangers ($0.50 each).
16. PERMITS & SITE CONDITIONS
You are responsible for obtaining required permits for Equipment setup. If requested, We can secure permits at an additional charge. You must notify Us of underground utilities or other obstructions before tent installation. Contact Sunshine State One Call (800-432-4770) 48 hours in advance for utility marking.
17. WEATHER RISKS & FORCE MAJEURE
Tents are temporary structures that may collapse in severe weather. Evacuation is mandatory in hazardous conditions. We may dismantle tents for safety. We are not liable for delays or modifications due to extreme weather, natural disasters, or other uncontrollable events.
18. DAMAGE WAIVER
The Damage Waiver is not insurance. If accepted, We waive Our right to recover damage costs, except for losses due to neglect, misuse, willful damage, or theft.
19. LATE PAYMENTS & COLLECTIONS
A late payment charge of 1.5% per month (18% annual) applies to unpaid balances. You are responsible for all collection costs, including legal fees.
20. THIRD-PARTY BENEFICIARY
If You are an industry professional renting for an event, the event Customer is considered a third-party beneficiary. You are responsible for all damage to Equipment beyond ordinary wear and tear.
21. ALCOHOL SERVICE
If Equipment is used for serving alcohol, You must obtain liquor liability insurance naming Us as an insured party. You agree not to serve alcohol to intoxicated persons or minors.
22. SUBCONTRACTING
We may subcontract obligations under this Agreement at Our discretion.
23. DISPUTE RESOLUTION
In the event of a dispute between you and us arising under or relating to this account, either may choose to resolve the dispute by binding arbitration, as Described below, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. This means if either you or we choose arbitration, neither party shall have the right to litigate such a claim in court or to have a jury trial. Also, discovery and appeal rights are limited in arbitration.
24. CLASS ACTION WAIVER
Arbitration must be on an individual basis. This means neither you nor we may join or consolidate claims in arbitration by or against other clients, or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.
Only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit.
25. GOVERNING LAW AND RULES
Any disputes will be resolved in Broward County, Florida, under Florida law. The prevailing party is entitled to recover attorney’s fees.
This arbitration agreement is governed by the Federal Arbitration Act (FAA). Arbitration must proceed only with the American Arbitration Association (AAA) or JAMS. The rules for the arbitration will be those in this arbitration agreement and the procedures of the chosen arbitration organization, but the rules in this arbitration agreement will be followed if there is disagreement between the agreement and the organization’s procedures. If the organization’s procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. For a copy of each organization’s procedures, to file a claim or for other information, please contact:
AAA at 1101 Laurel Oak Rd., Voorhees, NJ 08043, www.adr.org (phone 877-495-4185) or JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, www.jamsadr.com (phone 800-352-5267). If both AAA and JAMS are completely unavailable, and if you and we cannot agree on a substitute, then either you or we may request that a court appoint a substitute.
25. ELECTRONIC SIGNATURES
Electronic signatures on this Agreement are legally binding.
26. SEVERABILITY
If any provision is held invalid, the remaining provisions remain in full effect.
27. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between You and Us. Modifications must be in writing and signed by both parties.