By clicking the “I Accept” button, you, the Customer (as defined below) agree and acknowledge that Customer has read, understands, accepts full responsibility for and is bound by the terms and conditions contained in this Rental Agreement (as defined below), which also consists of any optional products purchased by Customer in connection with this rental and the Reservation Details (as defined below) hereof for the Rental Period (as defined below).
DEFINITIONS
“Rental Agreement” means this Online Rental Agreement, including the Reservation Details. “Eventlyst” means Eventlyst, eventlyst.com and any of the Vendors that list their items on eventlyst.com. Any mention and terms that apply to Eventlyst will apply to Eventlyst’s Vendors whether mentioned specifically or not. “Rentals” means any one or more of the items identified in the Reservation Details and any accessories, attachments or other similar items delivered to Customer. “Customer” means the person or entity identified as such in the Reservation Details or any representative, agent, officer or employee of Customer. “Rental Period” means the period of time between the date “From” and date “To,” set forth in the Reservation Details. “Reservation Details” means the Equipment, Rental Period, Delivery Information, Payment Information and other information set forth on the Confirmation/Order Summary. “Credit Card” means the credit card provided by Customer as part of this Rental Agreement.
AUTHORITY TO SIGN
Any individual agreeing to this Rental Agreement represents and warrants that he or she is of legal age, and has the authority and power to sign this Rental Agreement on behalf of Customer.
CANCELLATION POLICY
Each Vendor may have their own Cancellation Policy which will be listed in their profile and/or located in the Rental item description. All Rental bookings are guided by the individual vendor’s cancellation policy (usually outlined in their profile) up to 90% of the value of the Rental amount. It is the responsibility of the client to check with the vendor directly if there are any questions around this.
If no cancellation policy is provided then the sale is considered final and non-refundable.
Customer takes full responsibility to read and understand the vendor’s cancellation policy and agrees to vendor’s and Eventlyst cancellation policies.
RETURNS
Customer agrees to return all Rentals in good condition. Items must be returned cleaned, packed, or otherwise in the same condition, packaging or order as received or Customer agrees to pay a service charge as deemed necessary by the Vendor. If the Property is not returned in good condition on the Return Date, prorated rental fees continue on a daily basis along with any late fees as deemed necessary by the Vendor.
SPECIFICATIONS
Customer has selected the Rentals according to their own specifications. Eventlyst AND VENDORS MAKE NO WARRANTY THAT THE PROPERTY IS SUITABLE FOR RENTER’S PARTICULAR PURPOSE.
INSPECTION OF RENTALS
Customer acknowledges that Customer will inspect the Rentals prior to taking possession thereof, and Customer will only accept delivery of the Rentals if Customer determines that the Rentals are in good working order and repair, and is suitable for Customer’s needs. Customer acknowledges that Customer is familiar with the proper operation and use of each Rental item. Customer acknowledges that, prior to taking possession of the Equipment, Customer will obtain and read all available instructions for each item of the Rentals.
SECURITY DEPOSIT
Eventlyst and it’s Vendor’s reserve the right to require a security deposit for any of their Rentals. Eventlyst shall have the right to use all or part of any security deposit given by Customer to remedy any default by Customer or to compensate Eventlyst and Eventlyst Vendors for damage to the Rentals.
LIMITATION OF LIABILITY
In no event shall Eventlyst or Eventlyst Vendors be liable or responsible to Customer or any other party for: (i) any loss, damage or injury caused by, resulting from or in any way connected with the Rentals, its operation or its use, (ii) Eventlyst failure to deliver the Rentals as required hereunder, or Eventlyst’s failure to repair or replace non-working Rentals; (iii) or any incidental, consequential, punitive or special damages. Customer acknowledges and assumes all risks inherent in the operation, use and possession of the Rentals from the time the Rentals are delivered to Customer until the Rentals are returned to Eventlyst and will take all necessary precautions to protect all persons and property from injury or damage from the Rentals.
USE OF RENTALS.
Customer will not use or allow anyone to use the Rentals: (i) for an illegal purpose or in an illegal manner; (ii) without a license, if required under any applicable law, (iii) or who is not qualified to operate it. Customer agrees, at Customer’s sole expense, to comply with all applicable municipal, state, and federal laws, ordinances and regulations (including O.S.H.A. and the Internal Revenue Code) which may apply to the use of the Rentals. Customer agrees to: (i) clean and visually inspect the Rentals daily; (ii) and immediately notify Eventlyst when Rentals needs repair or maintenance and cease using the Rentals . Customer acknowledges that Eventlyst has no responsibility to inspect the Rentals while it is in Customer’s possession. Eventlyst shall have the right to replace the Equipment with other reasonably similar equipment at any time and for any reason.
DISCLAIMER OF WARRANTIES
Eventlyst MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE RENTALS OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER’S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS RENTAL AGREEMENT, Eventlyst DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL TRANSACTION.
REASONABLE WEAR AND TEAR
Reasonable wear and tear of the Rentals shall mean only the normal deterioration of the Rentals caused by ordinary and reasonable use on a single event basis. The following shall not be deemed reasonable wear and tear: (i) damage resulting from improper use (ii) any damage resulting from transportation or cleaning (iii) any wear resulting from use in excess of the event for which rented; (iv) and any other damage to the Rentals which is not considered ordinary and reasonable in the equipment rental industry.
LATE RETURN
Customer agrees that if the Rentals are not returned by the end of the Rental Period, Eventlyst and Eventlyst Vendors, at their discretion, may require Customer to do any of the following: (i) continue to pay the rental rate(s) applicable to the Rentals as specified in the Reservation Details; (ii) for periods less than 24 hours, pay the full daily rental rate applicable to the Rentals; (iii) or pay any increased rental rate(s) in effect at the time of, or after, the expiration of the Rental Period. Customer agrees that Eventlyst reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to late return of Rentals.
RENTAL PERIOD / CALCULATION OF CHARGES
The Rental Period commences at 12:00 am of the Start Date listed in the Order Summary and Receipt and and ends at 11:59 pm of the End Date listed in the Order Summary and Receipt. Rental charges do not include (unless otherwise noted) the cost of any applicable taxes, the cost of the Delivery and Pickup Service Charge, transportation surcharges, the cost of the Environmental Service Charge or other miscellaneous charges. If Customer chooses to have Eventlyst Vendors deliver and pick up the Rentals, Customer agrees to pay a Delivery and Pickup Service Charge. Rental rates are for normal “one event” usage based on an event that lasts no longer than 8 hours. Customer’s right to possess the Rentals terminates on the expiration of the Rental Period and retention of possession after this time is a material breach of this Rental Agreement.
PAYMENT
All amounts due hereunder shall be payable in full at the time of order by Customer. Customer agrees that United reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to late or past due payment(s) or rental charges.
NO ASSIGNMENT, LENDING OR SUBLETTING
Customer shall not sublease, subrent, assign or loan the Rentals without first obtaining the written consent of Eventlyst and Eventlyst Vendors, and any such action by Customer, without Eventlyst written consent, shall be void.
DEFAULT
If Customer is unable to timely meet any of its obligations to Eventlyst under this or any other agreement, or if the Rentals are levied upon or seized, Customer shall immediately notify Eventlyst and Eventlyst may pursue whatever remedies it has under the law or in equity. Customer hereby authorizes Eventlyst to enter the premises upon which the Rentals is located to take possession and remove all of the Rentals from such site without court order or other process of law and to use what force is reasonably necessary to remove such Rentals. Customer hereby waives any and all claims or damages occasioned by such entry or removal. All amounts past due shall bear interest at the maximum rate permitted by law.
TITLE TO GOODS
The Property is the sole and exclusive property of Eventlyst and Eventlyst Vendors. Customer has no right, title or interest therein, except as set forth in this Agreement. Customer will not alter ownership markings on the Rentals. Customer will keep the Rentals free from the claims of third parties.
ATTORNEY’S FEES
If either party shall retain legal counsel or bring an action against the other for matters arising from or related to this Rental Agreement, the unsuccessful party shall pay to the prevailing party reasonable attorneys’ fees and other costs incurred, in addition to any other relief to which it may be entitled. Renter agrees to pay all attorneys’ fees and costs incurred by Eventlyst in enforcing its rights against third parties, regardless of whether litigation is commenced.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles, and Customer agrees that all disputes shall be resolved in Sacramento, California.
INDEMNITY / HOLD HARMLESS
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD EVENTLYST, AND ANY OF ITS RESPECTIVE OFFICERS, VENDORS, AGENTS, SERVANTS, OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION, USE, POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST Eventlyst AND/OR IT’S VENDORS BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY EVENTLYSTAND/OR IT’S VENDORS FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF EVENTLYSTAND/OR IT’S VENDORS. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENT.
REVIEWS AND REVIEW SERVICES
By renting through Eventlyst the customer agrees to receive an invitation to review their order. The clients email will be shared with CUSTOMER REVIEWS LTD (Registered in England & Wales) 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ, Company No. 11364361 in order to send the review solicitation.
