All rentals are subject to the signing of the contract. MK Walls and Design enforces the following terms and conditions for all rentals.
1. RENTAL ITEMS
Company agrees to rent to Renter the items described in detail in the rental items list (hereinafter, “Rental Items List”), which is incorporated by reference, made a part of this Contract, and attached as Exhibit A, for Renter’s Event (hereinafter, “Event”) scheduled for the Event Date. Company will not reserve Rental Items for the Event Date until Renter provides a signed copy of this Contract to the Company and makes the Initial Payment.
2. RENTAL FEE
Renter agrees to pay Company the total fees (hereinafter, “Rental Fees”) specified in the Rental Items List, along with all applicable delivery charges or other charges stated in the Rental Items List. Rental Fees are for the time the Rental Items are reserved or out and away from Company’s possession, regardless of whether the Rental Items are actually used by Renter. No refunds will be given for unused Rental Items.
3. PAYMENT
Renter agrees to pay the Company the total Rental Fees listed in in accordance with the following schedule:
Renter agrees to pay an initial, non-refundable payment equal to fifty percent (50%) of the total rental item fee listed on the rental item list, shown on "EXHIBIT A", upon signing of this contract.
Renter agrees to pay the remaining fifty percent (50%) of the total fee from the Rental Items List, including but not limited to any additional fees for delivery changes, event rescheduling, or rental item additions or substitutions (the “Final Payment”), ten (10) days prior to the Event Date (or the rescheduled event date, if applicable).
Payments are accepted by Venmo, PayPal, Cash or Check.
4. LATE FEES
In the event that Renter does not pay the Final Payment, the Company has no obligation to rent the Rental Items to Renter, and the Company may terminate this Contract and retain 100% of the Initial Payment.
If Rental Items are not returned by the Renter on the specified date and time on the Rental Items List, Renter agrees to pay the full Rental Fee of the Rental Fees for each day thereafter until the Rental Items are returned, or up to fourteen (14) days, at which time Renter agrees to pay the full replacement fees.
5. CARE AND RETURN OF RENTAL ITEMS
The Renter agrees to take good care of the rental items during the rental period and to return them in the same condition as received. Every item is thoroughly inspected and cleaned after every use. The Company charges a Rental Fee which is indicated on the Rental Items List. This is not coverage for damage due to neglect or misuse (example: Rental Items left out in the rain uncovered and unprotected, or candle holders or lanterns with wax); nor does it waive liability for loss caused by abuse, vandalism, theft, unexplained disappearance, or shortages. If any rental item is lost, stolen, or damaged beyond normal wear and tear, the Renter shall be responsible for paying the replacement value of the rental item.
Renter agrees to return all other Rental Items shown in Exhibit A on the rental item list, in the same condition in which they were delivered; failure to do so may result in a damage fee to be determined at Company’s sole discretion depending on the extent of damage incurred.
6. DELIVERY AND PICKUP
When delivery is required, The Company will deliver the rental items to the event location at ____________ on ____________ and pick them up at ___________ on ________________. The Renter must ensure that the rental items are ready for pickup at the agreed-upon time. If the rental items are not available for pickup, the Renter will be charged an additional fee of $50 for each hour of delay.
The Renter shall be responsible for the payment of the Delivery Fee, if any, which shall be based on the Rental Items identified on the Rental Items List. The Company offers complimentary delivery within fifteen (15) miles of Coralville, IA. Every additional mile outside of the complimentary fifteen (15) miles shall incur a $1.60/mile fee. The Company shall provide door-to-door delivery of the Rental Items, unless otherwise agreed upon in writing. In the event that the Renter adds or modifies Rental Items, or requests a change in the delivery or retrieval dates or times from the original booking, the Company may, at its discretion, increase the Delivery Fee. The specific delivery times must be finalized no later than ten (10) days before the Event Date.
During the agreed-upon delivery time(s), the Renter or their representative, such as the Event Staff, must be present at the Event site and provide the Company with full access to the premises. If the Renter or their representative is not present during the delivery, the Renter waives the right to inspect the status, condition, and quantities of the Rental Items. The Company shall not be responsible for any delay(s) caused by other parties, including providers of other rentals or services.
7. DAMAGED OR MISSING RENTAL ITEMS
All Rental Items are subject to inspection by the Company prior to delivery and/or release to the Renter. Upon delivery and/or receipt of the Rental Items, the Renter or their representative, such as a professional event coordinator, has the right to inspect them before the start of the Event. To indicate their satisfaction with the inventory, the Renter should initial the delivery inventory sheet provided by the Company upon delivery or the will-call ticket upon pickup from the Company. The right to inspect the Rental Items may be waived by the Renter.
If the Renter discovers any missing or damaged Rental Items before the start of the Event, they must notify the Company immediately. The Company agrees to use reasonable efforts to provide a replacement or substitute for any damaged or missing Rental Items before the Event's stated start time. If no reasonable replacement or substitute is available, the Company will promptly refund the cost of the damaged or missing item to the Renter. The Renter agrees not to use any damaged Rental Items during the Event, and all damaged Rental Items must be returned to the Company as they remain its property.
Renter is responsible for any damages beyond normal wear and tear to the Rental Items, including those caused by anyone other than a Company representative moving the items, during the Event and any time in which the Rental Items are in the Renter's possession. This applies whether the damages are caused by the Renter, Renter's guests, Event venue staff, or third-party Event vendors. This contract covers normal wear and tear such as minimal flower/greenery loss. Damages beyond normal wear and tear may include but are not limited to great loss of flowers/greenery, broken signs, and broken equipment.
8. OUTDOOR USE AND INCLEMENT WEATHER POLICY
Outdoor Use
Additional time and advanced notice is required for outdoor set up of Rental Items. The Company and/or representatives working on behalf of The Company reserve the right to determine final placement on all Rental Items, not limited to outdoor use. Items must be places on even and flat surfaces. It is recommended placement near a wall for stability and protection against the wind.
Inclement Weather
Rental Items provided by The Company are not made for use in inclement weather. If weather or wind becomes an issue, The Company reserves the right to deny outdoor placement for safety reasons. The Company is not responsible should services not be rendered due to unfavorable conditions, unforeseen circumstances, incorrect or misrepresented information, and/or Rental Items that become unstable after set up.
Should set up be extended, cancelled, or delayed due to the elements (wind, rain, etc.), uneven ground, unforeseen circumstances, or incorrect or misrepresented information by The Renter and/or venue, no refund will be issued.
9. CANCELLATION
Cancellation by Renter
In addition to any other obligations set forth in this Contract upon termination, if Renter terminates this Contract in full for any reason, the Renter agrees:
In addition to any other obligations set forth in this Contract upon termination, if Company for reasons outside of those specified in section 8 above, terminates this Contract, the Company will refund all fees to the Renter.
10. LIABILITY
The Renter holds The Company harmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses, or other liabilities including lost or stolen property, attorney fees and court costs, arising out of or resulting from the performance of this contract, regardless of the basis (except for gross negligence on the part of the Company).
11. IDEMNIFICATION AND RELEASE
Both parties agree to indemnify and hold the Company, its officers, directors, shareholders, employees, representatives and/or agents from any claim, liability, loss, cost, damage, judgment, settlement or expense (including attorney’s fees) resulting from or arising from the indemnifying party's negligence, willful misconduct, and negligent performance of, or failure to perform, any of its duties or obligations under this contract. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to grant any rights, contractual or otherwise, to another person or entity.
12. FORCE MAJEURE
The Company and any of its employees or agents shall not be in breach of this Event Décor Rental contract for any delay or failure in performance caused by reasons out of its reasonable control. This includes, but is not limited to, acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Company.
13. MODIFICATION OF CONTRACT
Any and all amendments to this Rental contract shall be submitted in writing and signed by both Parties. No amendment, modification, addition, or extension of this contract shall be considered binding unless conducted in the prescribed manner.
14. ASSIGNMENT
This Contract may not be assigned by either party without the prior written consent of the other party. This clause of the Event Décor Rental contract shall not restrict the Company's ability to hire and retain staff of it's own to conduct their services.
15. GOVERNING LAW
Any and all legal manners related to this Rental contract shall be subject to the governing jurisdiction of the venue location. The Parties agree that in the instance of a disagreement, both parties will seek mediation from a neutral arbitrator before seeking remedy through a court of law.
16. ENTIRE CONTRACT
This contract constitutes the sole and entire contract of the Parties regarding the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. This Contract may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto.
17. ACCEPTANCE
Both parties agree to all terms and conditions above and will, to their best abilities, fulfill all aspects of this Event Décor Rental contract.
Company agrees to rent to Renter the items described in detail in the rental items list (hereinafter, “Rental Items List”), which is incorporated by reference, made a part of this Contract, and attached as Exhibit A, for Renter’s Event (hereinafter, “Event”) scheduled for the Event Date. Company will not reserve Rental Items for the Event Date until Renter provides a signed copy of this Contract to the Company and makes the Initial Payment.
2. RENTAL FEE
Renter agrees to pay Company the total fees (hereinafter, “Rental Fees”) specified in the Rental Items List, along with all applicable delivery charges or other charges stated in the Rental Items List. Rental Fees are for the time the Rental Items are reserved or out and away from Company’s possession, regardless of whether the Rental Items are actually used by Renter. No refunds will be given for unused Rental Items.
3. PAYMENT
Renter agrees to pay the Company the total Rental Fees listed in in accordance with the following schedule:
Renter agrees to pay an initial, non-refundable payment equal to fifty percent (50%) of the total rental item fee listed on the rental item list, shown on "EXHIBIT A", upon signing of this contract.
Renter agrees to pay the remaining fifty percent (50%) of the total fee from the Rental Items List, including but not limited to any additional fees for delivery changes, event rescheduling, or rental item additions or substitutions (the “Final Payment”), ten (10) days prior to the Event Date (or the rescheduled event date, if applicable).
Payments are accepted by Venmo, PayPal, Cash or Check.
4. LATE FEES
In the event that Renter does not pay the Final Payment, the Company has no obligation to rent the Rental Items to Renter, and the Company may terminate this Contract and retain 100% of the Initial Payment.
If Rental Items are not returned by the Renter on the specified date and time on the Rental Items List, Renter agrees to pay the full Rental Fee of the Rental Fees for each day thereafter until the Rental Items are returned, or up to fourteen (14) days, at which time Renter agrees to pay the full replacement fees.
5. CARE AND RETURN OF RENTAL ITEMS
The Renter agrees to take good care of the rental items during the rental period and to return them in the same condition as received. Every item is thoroughly inspected and cleaned after every use. The Company charges a Rental Fee which is indicated on the Rental Items List. This is not coverage for damage due to neglect or misuse (example: Rental Items left out in the rain uncovered and unprotected, or candle holders or lanterns with wax); nor does it waive liability for loss caused by abuse, vandalism, theft, unexplained disappearance, or shortages. If any rental item is lost, stolen, or damaged beyond normal wear and tear, the Renter shall be responsible for paying the replacement value of the rental item.
Renter agrees to return all other Rental Items shown in Exhibit A on the rental item list, in the same condition in which they were delivered; failure to do so may result in a damage fee to be determined at Company’s sole discretion depending on the extent of damage incurred.
6. DELIVERY AND PICKUP
When delivery is required, The Company will deliver the rental items to the event location at ____________ on ____________ and pick them up at ___________ on ________________. The Renter must ensure that the rental items are ready for pickup at the agreed-upon time. If the rental items are not available for pickup, the Renter will be charged an additional fee of $50 for each hour of delay.
The Renter shall be responsible for the payment of the Delivery Fee, if any, which shall be based on the Rental Items identified on the Rental Items List. The Company offers complimentary delivery within fifteen (15) miles of Coralville, IA. Every additional mile outside of the complimentary fifteen (15) miles shall incur a $1.60/mile fee. The Company shall provide door-to-door delivery of the Rental Items, unless otherwise agreed upon in writing. In the event that the Renter adds or modifies Rental Items, or requests a change in the delivery or retrieval dates or times from the original booking, the Company may, at its discretion, increase the Delivery Fee. The specific delivery times must be finalized no later than ten (10) days before the Event Date.
During the agreed-upon delivery time(s), the Renter or their representative, such as the Event Staff, must be present at the Event site and provide the Company with full access to the premises. If the Renter or their representative is not present during the delivery, the Renter waives the right to inspect the status, condition, and quantities of the Rental Items. The Company shall not be responsible for any delay(s) caused by other parties, including providers of other rentals or services.
7. DAMAGED OR MISSING RENTAL ITEMS
All Rental Items are subject to inspection by the Company prior to delivery and/or release to the Renter. Upon delivery and/or receipt of the Rental Items, the Renter or their representative, such as a professional event coordinator, has the right to inspect them before the start of the Event. To indicate their satisfaction with the inventory, the Renter should initial the delivery inventory sheet provided by the Company upon delivery or the will-call ticket upon pickup from the Company. The right to inspect the Rental Items may be waived by the Renter.
If the Renter discovers any missing or damaged Rental Items before the start of the Event, they must notify the Company immediately. The Company agrees to use reasonable efforts to provide a replacement or substitute for any damaged or missing Rental Items before the Event's stated start time. If no reasonable replacement or substitute is available, the Company will promptly refund the cost of the damaged or missing item to the Renter. The Renter agrees not to use any damaged Rental Items during the Event, and all damaged Rental Items must be returned to the Company as they remain its property.
Renter is responsible for any damages beyond normal wear and tear to the Rental Items, including those caused by anyone other than a Company representative moving the items, during the Event and any time in which the Rental Items are in the Renter's possession. This applies whether the damages are caused by the Renter, Renter's guests, Event venue staff, or third-party Event vendors. This contract covers normal wear and tear such as minimal flower/greenery loss. Damages beyond normal wear and tear may include but are not limited to great loss of flowers/greenery, broken signs, and broken equipment.
8. OUTDOOR USE AND INCLEMENT WEATHER POLICY
Outdoor Use
Additional time and advanced notice is required for outdoor set up of Rental Items. The Company and/or representatives working on behalf of The Company reserve the right to determine final placement on all Rental Items, not limited to outdoor use. Items must be places on even and flat surfaces. It is recommended placement near a wall for stability and protection against the wind.
Inclement Weather
Rental Items provided by The Company are not made for use in inclement weather. If weather or wind becomes an issue, The Company reserves the right to deny outdoor placement for safety reasons. The Company is not responsible should services not be rendered due to unfavorable conditions, unforeseen circumstances, incorrect or misrepresented information, and/or Rental Items that become unstable after set up.
Should set up be extended, cancelled, or delayed due to the elements (wind, rain, etc.), uneven ground, unforeseen circumstances, or incorrect or misrepresented information by The Renter and/or venue, no refund will be issued.
9. CANCELLATION
Cancellation by Renter
In addition to any other obligations set forth in this Contract upon termination, if Renter terminates this Contract in full for any reason, the Renter agrees:
- To make all terminations in writing;
- The Initial Payment identified in the Rental Invoice is non-refundable regardless of when the notice of termination is given;
- If termination is made forty-five (45) days or less from the Event Date, then Renter agrees to pay all Rental Fees from the Rental Items List in full within five (5) business days of providing the termination notice to Company.
In addition to any other obligations set forth in this Contract upon termination, if Company for reasons outside of those specified in section 8 above, terminates this Contract, the Company will refund all fees to the Renter.
10. LIABILITY
The Renter holds The Company harmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses, or other liabilities including lost or stolen property, attorney fees and court costs, arising out of or resulting from the performance of this contract, regardless of the basis (except for gross negligence on the part of the Company).
11. IDEMNIFICATION AND RELEASE
Both parties agree to indemnify and hold the Company, its officers, directors, shareholders, employees, representatives and/or agents from any claim, liability, loss, cost, damage, judgment, settlement or expense (including attorney’s fees) resulting from or arising from the indemnifying party's negligence, willful misconduct, and negligent performance of, or failure to perform, any of its duties or obligations under this contract. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to grant any rights, contractual or otherwise, to another person or entity.
12. FORCE MAJEURE
The Company and any of its employees or agents shall not be in breach of this Event Décor Rental contract for any delay or failure in performance caused by reasons out of its reasonable control. This includes, but is not limited to, acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Company.
13. MODIFICATION OF CONTRACT
Any and all amendments to this Rental contract shall be submitted in writing and signed by both Parties. No amendment, modification, addition, or extension of this contract shall be considered binding unless conducted in the prescribed manner.
14. ASSIGNMENT
This Contract may not be assigned by either party without the prior written consent of the other party. This clause of the Event Décor Rental contract shall not restrict the Company's ability to hire and retain staff of it's own to conduct their services.
15. GOVERNING LAW
Any and all legal manners related to this Rental contract shall be subject to the governing jurisdiction of the venue location. The Parties agree that in the instance of a disagreement, both parties will seek mediation from a neutral arbitrator before seeking remedy through a court of law.
16. ENTIRE CONTRACT
This contract constitutes the sole and entire contract of the Parties regarding the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. This Contract may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto.
17. ACCEPTANCE
Both parties agree to all terms and conditions above and will, to their best abilities, fulfill all aspects of this Event Décor Rental contract.
