PLEASE READ THE FULL RENTAL AGREEMENT POLICY
This Equipment Rental Agreement (“Agreement”) is effective as of the date of last signature (“EFFECTIVE DATE”) and is made between Moonlight & Rust, LLC (“MOONLIGHT & RUST”) and the Renter (“RENTER”). MOONLIGHT & RUST and RENTER are hereinafter collectively referred to as “Parties”. In consideration of hiring of the equipment described herein (the “Rental Items”), MOONLIGHT & RUST and RENTER agree as follows:
TERM. This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned to MOONLIGHT & RUST.
RENTER authorizes MOONLIGHT & RUST to charge the debit card or credit card on file an amount equal to all payments and fees due under this Agreement.
RENTER shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:
LATE RETURN. RENTER will be charged the agreed upon rental fee for every 24 hours that the item is not returned, up to five days, at which point on the sixth day the full replacement value will be charged to the RENTER on top of the rental.
MODIFIED RENTAL ORDER CONSENT. By signing the Rental Agreement, RENTER authorizes changes to be made to the RENTAL ORDER without a physical or electronic signature, however any changes to this Rental Agreement must be agreed upon and have either a physical or electronic signature from RENTER and MOONLIGHT & RUST.
DELIVERY AND SET-UP
RECEIPT/INSPECTION. RENTER hires Rental Items on an “as is” basis. By accepting delivery or possession of Rental Items, RENTER acknowledges and agrees RENTER has:
(a) Personally inspected Rental Items and confirmed receipt of all items listed in this Agreement;
(b) Found Rental Items suitable to RENTER’S needs; and
(c) Found Rental Items to be in good working order and repair.
If RENTER arranges for MOONLIGHT & RUST to deliver Rental Items, then RENTER shall have a representative present at delivery. If for any reason RENTER fails to have a representative present at delivery, then RENTER accepts Rental Items as though RENTER had inspected them and confirmed subparts (a), (b) and (c) above.
NO LOADING. If RENTER picks up Rental Items from MOONLIGHT & RUST, RENTER is responsible for ensuring Rental Items are properly stowed and secured within RENTER’S vehicle. RENTER shall be responsible for any damage to Rental Items which result from improper stowing and securing. If RENTER is unable or unwilling to properly load and secure Rental Items in RENTER’S vehicle, delivery services are available at RENTER’S expense.
DELIVERY VEHICLE ACCESS. If RENTER requests delivery of Rental Items by MOONLIGHT & RUST and part of the delivery route will be on private roads or driveways, RENTER shall be responsible for ensuring adequate vertical and horizontal clearance from overhanging trees and structures. RENTER must inspect and measure private drives and roadways prior to the day of delivery to ensure that trucks will not be damaged in making deliveries. In the event MOONLIGHT & RUST has to make a second trip an additional delivery charge will be assessed.
SITE PREPARATION. RENTER shall have site upon which Rental Items are to be erected free and clear of all obstacles, natural and man-made, prior to the arrival of the MOONLIGHT & RUST installation crew. RENTER shall turn off all sprinkler systems prior to arrival of Rental Items. Upon pickup, RENTER shall clear all items under and around the tent prior to the arrival of MOONLIGHT & RUST installation crew unless MOONLIGHT & RUST has been retained for the equipment breakdown. If RENTER fails to do so, then RENTER shall pay all costs resulting from any delay.
ELECTRIC POWER AND LIGHTING. Except where RENTER’S order includes generators supplied by MOONLIGHT & RUST, RENTER shall furnish MOONLIGHT & RUST access to and the right to use RENTER’S electrical and power lines for installation and operation of Rental Items.
UNDERGROUND FACILITIES. RENTER acknowledges availability of services for identification of underground utilities such as water, gas and electric pipe and conduits (“Underground Facilities”). Where equipment installation will involve penetration of the ground (tent stakes, for example), RENTER shall have Underground Facilities in vicinity of equipment installation clearly marked with marking paint prior to the arrival of MOONLIGHT & RUST’S installation crew. RENTER will be solely responsible for any harm or damage to Underground Facilities and any consequential harm or damage to people or property unless MOONLIGHT & RUST negligently penetrates a clearly marked area. RENTER must contact service providers for Underground Facilities one week prior to equipment installation to identify Underground Facilities.
WEATHER RELATED RISKS. RENTER assumes all weather related risks involved in holding an outdoor event. Client acknowledges that tents are temporary shade structures and not storm shelters, and though water resistant, they are not water proof. Should damage or incident result from high wind, snow, rain, flooding, extreme cold or heat or any other factor beyond MOONLIGHT & RUST’S control, RENTER shall still be liable for payment in full of all charges.
OPERATION OF RENTAL ITEMS
NO OPERATORS. Unless specifically agreed, MOONLIGHT & RUST does not furnish, directly or indirectly, any personnel or staff to operate Rental Items.
RENTER RESPONSIBILITY FOR OPERATION. RENTER acknowledges and agrees that:
(a) RENTER understands the proper operation and use of Rental Items;
(b) MOONLIGHT & RUST has offered to provide, upon reasonable prior notice, additional instruction to RENTER regarding the use of Rental Items; and RENTER is ultimately responsible for the operation and care of Rental Items.
(c) Whenever RENTER becomes aware that any Rental Item is malfunctioning or is unsafe to use for any reason, RENTER shall discontinue use of the malfunctioning and/or unsafe Rental Item, remove it to a safe location, and immediately notify MOONLIGHT & RUST of the problem.
PROPER OPERATION AND USE. RENTER shall not allow any person to operate or use the Rental Items:
(a) Who is not qualified.
(b) If the Rental Item is in need of repair or is in an unsafe condition or situation.
(c) For anything other than its intended purpose/function.
RENTER shall not:
(d) Modify, misuse, harm or abuse the Rental Items; or,
(e) Make any repair to the Rental Items without MOONLIGHT & RUST’S prior written consent.
(f) RENTER shall visually inspect the Rental Items at least daily and immediately discontinue use and notify MOONLIGHT & RUST if Rental Items are in need of repair or maintenance or are not functioning properly. MOONLIGHT & RUST has no responsibility to inspect Rental Items while Rental Items are in RENTER’S possession.
REPLACEMENT OF MALFUNCTIONING ITEMS. MOONLIGHT & RUST will repair or replace Rental Items in disrepair with similar items in good working order if available, so long as the defect is the result of normal use.
NO COOKING UNDER TENTS. RENTER shall not cook under or near tents. RENTER shall pay all losses or costs incurred for damage to or cleaning of tent tops due to cooking under or near tents.
RENTER RESPONSIBILITY FOR RENTAL ITEMS
RENTER RESPONSIBILITY FOR RENTAL ITEMS. Once RENTER has accepted delivery or taken possession of Rental Items, RENTER shall be responsible for any lost or stolen Rental Items. In addition, RENTER shall be responsible for all damage to Rental Items not caused by ordinary wear and tear. “Ordinary wear and tear” shall mean the normal deterioration of the Rental Items resulting from anticipated, reasonable and proper use. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage due to overturning; overloading or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; and contaminating Rental Items with paint, candle wax, tape, staples, wine, mold or any other material. RENTER shall pay MOONLIGHT & RUST a) the replacement cost for any Rental Items that are not returned because they are lost or stolen; b) the repair costs for any damage to Rental Items.
RETURN. RENTER shall return all Rental Items to MOONLIGHT & RUST on or before the pickup or return date set forth in the Agreement. Time is of the essence and any extension of the rental period must be in writing. When RENTER arranges for MOONLIGHT & RUST to pick up the Rental Items, RENTER shall store the Rental Items in a secure location pending pickup and RENTER agrees to have a representative present at pickup. RENTER’S responsibility for the Rental Items continues until RENTER returns physical possession of the Rental Items to MOONLIGHT & RUST. RENTER shall be responsible for all travel costs incurred by MOONLIGHT & RUST in connection with a) replacing or repairing damaged Rental Item or b) additional pick up trips due to RENTER’S failure to assemble all Rental Items for pick up. Travel costs include, but are not limited to, the hourly rates for MOONLIGHT & RUST’S personnel and mileage at $2.50 per mile.
CLEANING. All Chafing Dishes, China, Glassware and Flatware must be returned free of debris and liquids, rinsed, dried and repacked properly in delivery containers before pick-up or returning. Please discuss these services with your food provider. If items are left in a "dirty" state, Moonlight & Rust will charge a fee of $2.00 per item. Deep cleaning of catering items is performed by Moonlight & Rust using professional means and the items are not to be dismantled by your or your food provider.
TABLES AND CHAIRS. Tables and chairs should be stacked in the manner in which it was delivered by the agreed-upon time for pick-up.All items must be free of any food and liquids.
LINENS. Table linens are provided table-ready, delivered on hangers with plastic wrap over them. Return of the hangers is greatly appreciated. Do not put hangers in the linen bag as this might result in tears. Linens are inspected prior to RENTER taking possession and upon their return to MOONLIGHT & RUST. You may request that linens be inspected in your presence.
Linens are to be returned:
- Dry. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG AS MILDEW WILL RESULT
- Free of debris. A $2.00 charge per linen if food is in/on the linen
- Counted to verify there are no missing items
Ink, Stains, Wax Damage to Linens
If damage or stains occur which require extra cleaning, client will be notified and billed of such services. Ink and marker stains will not come out and will be considered damaged and will need to be replaced. The client assumes full responsibility for stains and will be charged a replacement fee for each linen affected.
Wax stains are the most common damage to linens. All candles must be in a glass container or set on a mirror, candle stand, glass or protective cover to eliminate was spills on the linen. No candles are to be placed directly on the linen without an appropriate holder. If burns occur, the item is considered damaged and will need to be replaced.
INDEMNIFICATION AND RELEASE OF LIABILITY
INDEMNITY/HOLD HARMLESS. RENTER assumes all liability for, and agrees to defend, indemnify, hold harmless and protect MOONLIGHT & RUST, its owners, shareholders, agents, officers, directors, employees, successors and assigns (“MOONLIGHT & RUST Indemnified Parties”) from and against any and all liability, claims, demands, losses, damages, injuries, penalties, suits, actions, costs and expenses, including attorney’s fees and costs, of every kind and nature, including but not limited to injuries or death to persons and damage to property arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the Rental Items however caused, except claims or litigation arising solely from the gross negligence or willful misconduct of the MOONLIGHT & RUST Indemnified Parties.
IMPORTANT TERMS AND CONDITIONS
RENTAL PERIOD/RATE. A rental period is twenty-four (24) hours unless a different term is specified in Rental Contract. For Rental Items not returned prior to the Rental Contract deadline, additional charges will apply.
POSSESSION/TITLE. Title to Rental Items is and shall remain vested in MOONLIGHT & RUST. If RENTER fails to timely return physical possession of Rental Items in accordance with this Agreement, MOONLIGHT & RUST shall have the right to recover physical possession of Rental Items without further notice or legal process, and to use whatever reasonable means is necessary. RENTER agrees to indemnify, defend and hold harmless the MOONLIGHT & RUST Indemnified Parties from any and all claims and costs arising out of MOONLIGHT & RUST’S recovery of physical possession of Rental Items.
INTEREST ON LATE PAYMENT. RENTER shall pay a monthly finance charge of 2% on all balances which are delinquent in excess of 30 days.
NO LIENS. RENTER shall not allow the imposition of a lien upon any Rental Item.
DISCLAIMER OF WARRANTIES. MOONLIGHT & RUST makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the Rental Items are fit for RENTER’S particular intended use, or that Rental Items are free of latent defects. MOONLIGHT & RUST shall not be responsible to RENTER or any third party for any loss, damage or injury resulting from, or in any way attributable to the operation of, use of, or any failure of Rental Items. MOONLIGHT & RUST shall not be responsible for any defect or failure unknown to MOONLIGHT & RUST. RENTER’S sole remedy for any failure, of or defect in Rental Items shall be termination of rental charges at the time of failure provided that RENTER notifies MOONLIGHT & RUST immediately of such failure and returns Rental Items to MOONLIGHT & RUST within twenty-four (24) hours of such failure.
COMPLIANCE WITH LAWS. RENTER shall not use or allow anyone to use Rental Items for any illegal purpose or in any illegal or unsafe manner. RENTER, at RENTER’S sole cost and expense, will comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to use of Rental Items during the rental period. Specifically, RENTER shall comply with Health and Safety laws and regulations, fire safety regulations (such as those prohibiting heaters or cooking inside of tents), sound and noise ordinances and regulations, and ordinances and regulations requiring event permits. RENTER shall pay all licenses, fines, fees, permits or taxes arising from the use of Rental Items, including any which are subsequently determined to be due.
PURCHASE ORDERS. If RENTER’S purchase order number is used on the Rental Order Form, such use is for RENTER’S convenience and identification only and does not indicate a purchase.
SUBLETTING/LOCATION. RENTER will not sublet, loan or assign the Rental Items. RENTER will not move the Rental Items from the address at which RENTER represented they were to be used.
DEFAULT. Should RENTER fail to observe or comply with any provision of this Agreement, MOONLIGHT & RUST may, at its sole option, terminate this Agreement, retake the Rental Items, declare any charges due and payable and initiate legal process to recover monies owed, and/or pursue any other legal rights and remedies available to MOONLIGHT & RUST. Exercise of any remedy available to MOONLIGHT & RUST shall not constitute an election of remedies or a waiver of any additional remedies to which MOONLIGHT & RUST may be entitled.
LEGAL FEES. In the event of any legal action or proceedings arising out of or related to this Agreement, the prevailing party shall be entitled to recover all reasonable attorney’s fees and costs.
NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of MOONLIGHT & RUST to insist upon strict performance by RENTER of any provision of this Agreement shall not waive MOONLIGHT & RUST’S right to demand compliance with all other provisions of this Agreement. The provisions of this Agreement are severable so that the unenforceability, invalidity or waiver of any provision shall not affect any other provision.
PROMOTIONAL USE. RENTER remains responsible for all obligations under this Agreement even if MOONLIGHT & RUST provides Rental Items to RENTER at no cost for promotional purposes. Such obligations include but are not limited to RENTER’S responsibility for missing or damaged Rental Items, delays in returning Rental Items, and indemnification of MOONLIGHT & RUST.
CANCELLATION FEES. A credit card number is required to create a reservation and hold any order unless RENTER has established a charge account. A 50% deposit is required at the time of reservation. The balance is due three (3) days prior to the delivery or will call date. A 50% cancellation charge will apply to any Rental Items cancelled less than ten (10) days before delivery or pickup. A 100% cancellation charge will apply to items cancelled less than three (3) days before delivery or pickup. No credit will be issued for mutually agreed upon custom items or event-driven purchases; these items are subject to payment in full at time of reservation for all clients and are non-refundable. No credit will be given for unused items. Unless the order has been confirmed and reserved, all prices and availability are subject to change.
ELECTRONIC SIGNATURE. RENTER may accept the terms of this Agreement electronically when it orders the Rental Items from MOONLIGHT & RUST. MOONLIGHT & RUST may email RENTER confirmation of such acceptance along with a copy of this Agreement, and MOONLIGHT & RUST may prove RENTER’S acceptance of this Agreement by providing such confirmation email or by providing other electronic evidence that RENTER accepted the Agreement electronically.
LOCATION OF EQUIPMENT. During the Term, Equipment shall be located at location defined when you rented the items
Upon payment of deposit or full amount, RENTER hereby agrees with the rental policy.