Rental Agreement SILENT DISCO SAVANNAH LLC EQUIPMENT RENTAL AGREEMENT
This Agreement is between Silent Disco Savannah LLC (hereinafter Company) and the undersigned party (hereinafter Customer) for the purpose of initiating the rental of audio equipment and associated items.
General Provisions This Agreement constitutes the entire agreement between the Company and the Customer. This Agreement shall be deemed to have been made in accordance with, and shall be construed pursuant to, the Laws of the State of Georgia.
A. GENERAL AGREEMENT: The Company hereby agrees to rent the Customer certain audio and audiovisual equipment as set forth in the invoice sent to the Customer at purchase.
B. RENTAL PRICE: The Customer shall pay the Company the total payment that is outlined in the invoice provided by the Company for the rental of the equipment for the term set forth in the invoice.
C. PAYMENT: The Customer will pay the Company an electronic payment for the full rental price at the time of booking and purchase. The credit card used for purchase will be stored for reasons highlighted in Provisions D, F, H, J and N below.
D. NON-SUFFICIENT FUNDS: The Customer agrees that the Company may charge the Customer two hundred and fifty dollars ($250.00) should payment be returned for lack of sufficient funds.
E. RISK OF LOSS OR DAMAGE: The Customer hereby assumes all risks of loss or damage to the equipment, regardless of cause, and agrees to the return the equipment to the Company in the condition that the Customer received the equipment from the Company, excepting “normal wear and tear.” The Customer agrees that an agent of the Company shall be the sole determining agent of estimating “normal wear and tear.” The Customer agrees that any determinations by the Company of product condition shall be final.
F. RENTAL TERM: The Customer agrees to the rental term listed on the Company’s booking website (silentdiscosavannah.com). Equipment must be returned by the stated return time, or a fee of fifty dollars ($50.00) per hour will be assessed and charged to the credit card on file. The Company reserves the right to maintain and take possession of the rental. The Customer agrees that the Company may terminate this Agreement for any reason prior to the expiration of the term. No refunds are provided for Customer cancelations or rescheduling of dates within 48 hours of event date.
G. CARE AND OPERATION OF EQUIPMENT: The Customer agrees to use the equipment in a careful and proper manner. The Customer agrees to only use the equipment as is and must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any.
H. BRANDING: The Customer shall not place any stickers, tape, or other adhesive materials on the headphones unless applied by the Company. An additional charge of five dollars ($5.00) per headphone will be charged to the credit card on file if the Customer fails to adhere to these terms.
I. RETURN OF EQUIPMENT: At the end of the rental period, the Customer shall return the equipment to the Company under the agreed upon terms noted during booking.
J. COMPENSATION FOR DAMAGE OR LOSS: The Customer agrees that should a determination of loss or damage beyond “normal wear and tear” be made, the Customer’s credit card on file will be charged one hundred and fifty dollars ($150.00) per headphone and/or one hundred dollars ($100.00) per transmitter. A full list of loss and damages charges is noted in Provision N.
K. LIABILITY AND INDEMINITY: The Customer agrees to assume all liability for injury, disability, and death of any persons and any injury to property to the extent arising from or caused by the Customer’s operating, handling, or transporting of the equipment during the term of this Agreement. The Company shall not be liable for any indirect, incidental, special, or consequential damages of any kind, including (without limitation) injury to person or property, lost business, lost savings, lost data, lost profits, business interruption, loss of business information, or any other pecuniary loss regardless of the cause and arising out of or related to this Agreement.
The Customer agrees to fully indemnify, defend, and hold harmless the Company and all Company’s affiliates and subsidiaries, directors, officers, agents, representatives, and employees against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, made against the Company arising, whether directly or indirectly, out of the Customer’s failure to adhere to the provisions of this Agreement.
The Customer further hereby indemnifies Company and all of Company’s affiliates and subsidiaries, directors, officers, agents, representatives, and employees for any and all claims filed against the Customer by any third party. In the event the Company must defend any third-party action arising from Customer’s use of the equipment, the Customer shall be obligated to promptly reimburse the Company for all reasonable expenses resulting from, or in connection with such action.
L. DEFAULT: In the event that the Customer defaults on any of the Terms set forth in this Agreement, Company may, without notice to Customer, take possession of the equipment as provided by law, and deduct any such costs of recovering the equipment, including, but not limited to, attorney fees and legal costs, repair, and related costs. The Company shall be obligated to re-rent the equipment, or otherwise mitigate any such damages from Customer’s default, only as required by law.
M. SEVERABILITY: If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
N. EQUIPMENT REPLACEMENT CHARGES: Equipment items below are in affect if not specially outlines otherwise in the client invoice.