This Agreement by and between Luxury Picnic Spokane, a Washington limited liability company (“LSP”), and the person or entity identified by signature or agent’s signature on this Agreement (“Client”), for the Services and/or rental of the personal property described on the attached Proposal (“Property”), is subject to all of the terms and conditions set forth herein, and Client, in consideration thereof, hereby acknowledges and agrees as follows:
PAYMENT & DEPOSITS. A non-refundable deposit of 50% of the total rental fee (including associated fees and taxes) is required to secure the reservation. Property will not be reserved in Renter’s name until the signed Terms AND deposit have been received by the LSP. The balance of the rental fee will be due to the LSP no later than 14 days prior to the rental date. If payment in full has not been received prior to the Project Date, LSP will not provide Services.
CANCELLATION AND CHANGES: Client agrees to forfeit the deposit for any cancellation. Additions may be made to orders up to the final payment date on the order, but Property not previously reserved is subject to availability. Any changes must be made in writing (email and text messages are acceptable) and acknowledged by both the Client and LSP.
ACKNOWLEDGMENT OF RECEIPT; INSPECTION. Client acknowledges receptor will be deemed to acknowledge receipt upon delivery of the Property as of the time and date of actual delivery and that the Property is in good working condition, order and repair. Client acknowledges that it has had an opportunity to personally inspect the Property and finds it suitable for its needs and in good condition. Client further acknowledges
Client’s responsibility to inspect the Property prior to its use and to notify LSP of any defects.
INTENDED USE. Client agrees that the Property will be used only at the event location and for the rental period designated on the Agreement, and solely for those purposes and in the manner for which the Property is manufactured and intended.
TRESPASSING. Clients responsible for obtaining authorization to occupy the Project Location for the duration of the event, including additional time for delivery and retrieval windows. If proper authorization is not obtained, Clients responsible for any and all costs incurred relating to trespassing violations.
DAMAGE &LOSS. Clients responsible for any Property that is lost or damaged during the rental period. Damages include, but are not limited to: spills/stains or water damage on wood or upholstery; burns, smoke damage or smells; candlewax on fabric, upholstery, or glass; and cracks or chips in glassware. Costs incurred for damaged or missing Property in excess of the collected Damage Fee amount will be billed to the Client separately.
REPLACEMENT OF MALFUNCTIONING PROPERTY. Client agrees that in the event the Property fails for any reason, Clients responsible, at Client’s own expense, for discontinuing its use immediately, and notifying LSP. Client acknowledges that under no circumstances is Client authorized by LSP to incur any expenses on LSP’s account for the repair or replacement of Property.
WEATHER-RELATED RISKS. Client shall take necessary action to prevent damage to Property due to inclement weather conditions while Property is in possession of Client; including, but not limited to: bringing all Property indoors overnight, removing small glass tabletop items in case of high winds at outdoor events, and moving any upholstered furniture or textiles under cover in case of precipitation at outdoor events. Client
assumes all weather-related risks involved in holding an outdoor event. If any of the rented Property should become unusable due to wind, rain, hail, heat, cold, or any other weather-related or non-weather-related factor, Client shall remain liable to LSP for payment of all fees associated with the Property, even if not used.
RETURN OF PROPERTY; LIABILITY. At the termination of this Agreement, Client shall return all the Property and make it easily available for the LSP’s pick up of the Property, in the same condition and repair ashen delivered to Client. Client shall be liable for all damages to or loss to the Property. Client agrees to pay all additional charges for cleaning or repair upon return by Client, and, further, if the Property is lost or damaged.
Client will pay the LSP the full cost of replacement or repair of the lost or damaged Property, as determined by the LSP.
DELIVERY/RETRIEVAL. Delivery is made during the timeframe specified on the invoice. LSP is not responsible to either setup the Property or take down the Property with the exception of arbors/backdrops and large furniture items. These items shall be placed in the desired location by
LSP if conditions and timeframe allow. Itis the Client’s responsibility to provide detailed instruction or guidance regarding installation requirements. Small items such as glassware and tabletop decor will be delivered in crates and placement of these items is the responsibility of the Client. Difficult load-in and load-out conditions; including, but not limited to large carrying distance from vehicle parking, multiple stairways, no elevator or small elevator, etc. will incur increased delivery fees. Client agrees to prepare the Property for retrieval by the beginning of the indicated retrieval window. Items delivered in crates by LSP shall be replaced in their delivery containers by Client prior to retrieval.
NO ALTERATIONSOR ADDITIONS. Client shall make no alterations or additions to the installation of the Property by LSP. LSP assumes no liability or responsibility for any damages that may occur to any persons, including death, or Property in, under or around the property as a result of any alterations or additions made by Client and Client shall be solely liable for any loss and damages that may occur to any persons, including death, or property, including, but not limited to, the Property as a result of any alterations or additions. Such alterations and additions shall include, but, not be limited to, items or decorations hung on, to or from any of the Property.
AUTHORIZATION TO RECOVER PROPERTY. Client agrees that if Client breaches this Agreement, fails to timely pay required charges, becomes insolvent, or for any other reason makes it necessary for the LSP to repossess its Property, the LSP shall be authorized to enter Client’s property and repossess the Property without any legal process. Client agrees that the LSP or its agents may use all means or force necessary to
repossess its Property and Client expressly waives, on behalf of itself/himself/herself and its/his/her agents or employees, any and all claims for damages and/or losses, either physical or pecuniary, caused by LSP’s repossession of its Property. Client agrees to pay any and all costs and
expenses associated with LSP’s repossession of its Property, and/or in collecting sums due by Client under this Agreement, including, but not limited to reasonable attorneys’ fees and costs.
TAXES. Client agrees to pay and be solely responsible for any and all taxes, including, but not limited to all sales and use taxes, which arise out of or in connection with this Agreement and performance hereof.
NO WARRANTIES. LSP is neither the manufacturer of the Property nor the agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and Client expressly waives all such warranties of fitness which may be accorded by law or otherwise. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the Property is suited for
Client’s intended use, or Tahiti’s free from defects, and any and all such warranties of fitness, or otherwise, are expressly and specifically waived by Client. LSP is not responsible for any incidental or consequential damages caused by delays or otherwise, and Client hereby waives any righter entitlement thereto.
NO WAIVER. Client agrees that LSP’s failure on any occasion to insist upon Client’s strict compliance, performance or adherence to these terms and conditions shall not be construed as a waiver of LSP’s righto demand strict compliance, performance or adherence to the terms and conditions of this Agreement at any other time.
HOLD HARMLESS. Client agrees to indemnify, defend and hold harmless LSP and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or rental items LSP provides to Client. Client further agrees to indemnify and hold LSP, its officers, directors, employees and agents harmless for all damages to third
persons or their property resulting from Client’s possession, use or operation of the Property, including any and all attorneys’ fees and costs associated with any claims arising from such damages. Client agrees, in the event of a theft, collision or other accident involving the Property, to furnish the LSP with a copy of any police report prepared in connection with the theft, collision or accident, and further that the Property will
only be used by Client or other person specifically designated herein, and no other person without the express written consent of LSP.
MAXIMUM DAMAGES. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by LSP.
GOVERNING LAW. The laws of the State of Washington govern all matters arising out of or relating to this Agreement, including torts.
SEVERABILITY. If any portion of thisAgreementis deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
MERGER. This Agreement constitutes the final, exclusive agreement between the parties relating to the Event and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
AMENDMENT. The parties may amend this Agreement only by the parties’ written consent via proper Notice (email and text messages are acceptable).