Terms & Conditions
Equipment Rental Policy
The following statement sets forth Eagle Party Patrol, LLC's equipment rental policy. It is also a part of our rental agreement with you, our renter, unless an alternate written agreement has been entered into:
Rental Equipment. EPP hereby rents to Renter, and Renter hereby rents from EPP, the equipment described herein (the “Rental Equipment”) subject to the terms and the conditions. Renter by virtue of having signed this Agreement and paid the non-refundable rental payment in full, expresses his/her agreement with the contents of the Agreement. Renter agrees that the Rental Equipment will be used only at the Drop off location listed above.
Cancellations. All Renters will provide a non-refundable Rental Fee in order for EPP to reserve their Rental Equipment. If the Renter cancels at any time, they will lose their deposit regardless of their circumstances or reason for cancellation (unless determined at the sole discretion of EPP).
Delivery and Acceptance. The date that the Rental Equipment is delivered to Renter shall be the “Acceptance Date” of such Rental Equipment. Notwithstanding that Renter shall not have furnished EPP with a written statement acknowledging delivery and acceptance of the Rental Equipment, Renter shall, effective as of the Acceptance Date, be conclusively presumed to have acknowledged receipt and unconditional acceptance of the Rental Equipment on any date(s) set forth in the Equipment Rental Agreement for the delivery of such Rental Equipment. Delivery shall be to a ground level location on a flat, hard surface, within one hundred (100) feet of the nearest loading area with no steps or obstructions. There will be a minimum two-hour window for both delivery and pickup (unless otherwise arranged in writing with EPP).
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EPP may assess additional charges at a rate of up to $120.00 per hour when delivery conditions cause EPP to incur additional labor costs, including, but not limited to:
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Renters must be present for their entire delivery window for setup/breakdown services. EPP will grant a 15-minute waiting period
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Deliveries that involve waiting times of more than 15 minutes, after which the Renter will be charged for waiting time up to $120.00 per hour billed in 10-minute increments;
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Inaccurate delivery locations or directions supplied by the Renter.
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EPP reserves the right to refuse to install or deliver Rental Equipment due to unsafe conditions or weather. If this occurs, Renter will be liable for a minimum of 50% of the total cost specified in the Agreement. In the absence of unsafe weather or other conditions, EPP will use all appropriate means and methods to secure Rental Equipment for the safety of the Renter and the Rental Equipment. EPP is not responsible for underground utilities, and charges for time out, whether the Rental Equipment is used or not. If permission is granted by the Renter to stake anything into the ground at their desired location, then it is the sole responsibility of the Renter to check for underground utilities and water mains.
Intended Use. Renter agrees to use the Rental Equipment for its intended use only. Renter shall take all necessary precautions relating to the Rental Equipment and protect all persons and property from injury or damage. Renter shall maintain the Rental Equipment in good operating condition and appearance, protect the Rental Equipment from deterioration, other than normal wear and tear from responsible use.
Risk of Loss and Payment for Damages. During the Rental Term, Renter shall bear the entire risk of loss, theft, destruction, disappearance of or damage to any Rental Equipment (herein “Loss or Damage”) from any cause whatsoever. No Loss or Damage shall relieve Renter of the obligation to pay rent or of any other obligation under this Agreement. In the event of Loss or Damage, Renter, shall provide notice of such loss to EPP and shall pay the replacement cost, which can be found <insert document link>, of any Rental Equipment and any accrued rent on the Rental Equipment through the date of payment of the replacement cost. If any Rental Equipment is damaged but repairable, EPP may repair such Rental Equipment upon return or at the premises of the Renter and the cost of such repairs shall be paid by Renter. EPP reserves the right to modify charges for Loss or Broken Rental Equipment up to 14 days after items have been received prior to going through FINAL inspection.
End of Rental Term. The Renter must notify EPP of any Rental Equipment that was lost or damaged and pay the replacement costs of the Rental Equipment. The Rental Equipment must be returned to EPP in its original condition, ordinary wear and tear excepted. Rental Equipment must be made ready for pick up by the Renter in same manner in which it was delivered. Tables and Chairs should be cleaned and stacked in the same manner they were upon delivery. All cooking, beverage, and concession items should be cleaned and placed back in the containers they were delivered in. Additional charges will apply if restacking of items is necessary. Renter will pay the full replacement cost for any Rental Equipment or storage containers missing upon pick-up. Renter authorizes EPP to retake possession of the Rental Equipment without notice or legal process at any time, despite whether the Rental Equipment is on private property.
Waiver and Release by EPP. EPP makes no implied warranty regarding Rental Equipment. EPP specifically disclaims any warranty of merchantability or fitness for a particular purpose. EPP shall have no liability for consequential, incidental, special, or liquidated damages arising from the use of or inability to use Rental Equipment. EPP is not responsible for any liability, claim, loss, damage or expense of any kind (including strict liability in tort) caused by the Rental Equipment. EPP is not responsible for special, incidental or consequential damage.
Waiver and Release by Renter. Renter expressly, fully and forever releases, waives and discharges EPP, its insurers, parents, subsidiaries and other affiliates, and the shareholders, directors, officers, agents, employees, volunteers, successors and assigns of such parties (collectively the “Releasees”) from any and all liability, claims, demands, damages, rights of action, and causes of action of any kind or nature, present or future, whether the same be known or unknown, anticipated or unanticipated, incurred directly or indirectly, resulting from, arising out of or related to any loss, damage or injury, including death, that Renter or any of its property, employees, officers, agents, Renters or invitees may sustain resulting from, arising out of or related to the Renter’s use of the Rental Equipment, regardless of whether such loss, injuries, or damages result, in whole or in part, from the negligence, acts or omissions of EPP or any Releasees, and regardless of whether such liability arises in tort, contract, strict liability or otherwise. Renter covenants and agrees not to make or bring any such claim against EPP or any Releasees and forever releases and discharges EPP and all Releasees from liability under such claims.
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Indemnification by EPP. EPP shall not be liable for any damage or injury of or to the Renter and Renter hereby agrees to waive, indemnify, defend, and hold EPP harmless from any and all claims or assertions of every kind and nature.
Indemnification by Renter. Renter further covenants and agrees to indemnify, defend and hold harmless EPP and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, court costs, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from: (i) Renter’s use of the Rental Equipment or any claim of a third party related to Renter’s use of the Rental Equipment, whether caused by the negligence of EPP or any Releasees or otherwise; and (iii) Renter’s breach of any of this Agreement’s terms and conditions.
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