1. TERMS AND CONDITIONS. For Special Event Attractions, Inc. DBA Carnival Services, and SEA (Special Events Attractions LLC) and/or any affiliated companies, their respective officers, directors, employees and agents. For use in this agreement Carnival Services and affiliated companies will hereinafter be described as the/this “Company” (“we,” “us,” or “our”). The Terms and Conditions of this Rental Agreement will hereinafter be described as the/this "Agreement" (“Rental Agreement,” “Rental Order,” “Contact” or “Terms and Conditions”). This Agreement is valid from the moment it is agreed to by the Customer. The customer, agent, agents, officers or employees and any third party that is affiliated to anyone signing this Agreement on the behalf of those third parties for the purpose of this Agreement will hereinafter be described as the “Customer” (“you,” “your” or yours”). For the purpose of this Agreement all properties, assets, merchandise, equipment, possessions, and/or articles belonging to the Company will hereinafter be described as “Equipment.” The period of time in which the customer agrees to be bound by this Agreement for the purpose of renting Equipment or Services from the Company will herein after be described as the “Rental Period” (“length of contract,” “Agreement Period,” or “Life of the Agreement”). The Rental Period is from the moment the Agreement is signed until the Equipment is returned to the Company.
2. CUSTOMER OBLIGATION. The Customer rents or leases the Equipment from the Company pursuant to the signing of this Agreement. Customer shall pay the Company the agreed amount in full on the day of the event, less any amounts paid as a deposit to secure services. This contract is a true lease. The Equipment is and shall remain the personal property of the Company and shall not be affixed to any other party. All aforementioned terms and conditions as well as any Terms and Conditions yet-to-be mentioned, are subject to change without notice. The Customer acknowledges and understands that these terms and conditions may have changed recently, including after the Customers last Agreement Period.
3. PERMITTED USE. The Customer warrants that: (a) prior to the use of any Equipment the Customer has or will inspect the Equipment to confirm that the Equipment is in a safe condition and suitable for the Customers intended use; (b) The Customer agrees that any person at the delivery address is authorized to accept delivery of the Equipment. Customer agrees that accepting the equipment includes indication of where the equipment will be placed for the intended use; (c) The Customer agrees to immediately notify the company if the Equipment is lost, damaged, vandalized, stolen, unsafe, disabled, malfunctioning, levied upon, threatened with seizure, or if an Incident occurs; (d) The Customer acknowledges and agrees that they have received from the Company all information necessary for the operation or use of rented Equipment that does not explicitly require an operator provided by the Company (i.e. booths, canopies, and games, concessions, concession supplies, game supplies, generators, power cords, tables and chairs or any other specified Equipment, which for the purpose of this Agreement will herein after be described as “Customer Operate Equipment”); (e) The Customer agrees that the Company is not responsible to provide an operator for any Customer Operated Equipment, unless otherwise specified by the Company or unless an affiliate of the Company is requested with this Agreement as the intended operator of the Customer Operated Equipment; (f) The customer agrees that the Company has no control over the manner in which Customer Operated Equipment is operated, maintained, or used by the customer and/or any third party that the Customer implicitly or explicitly permits; (g) The Customer agrees that only authorized persons (by the Company) shall be permitted to use or operate any of the Companies Equipment; (h) The Customer agrees to secure the safety and integrity of the Equipment and to keep and/or store the Equipment in a safe location before, during, and after intended use until the completion of the Rental Period.
4. PROHIBITED USE. The Customer shall not: (a) alter or remove any operational instructions, safety decals, or other Equipment instructions or requirements; (b) move the Equipment from the delivery address without the Companies explicated consent; (e) use the Equipment in a manner not permitted by the Company including the intent to or the use of the Equipment in a negligent, illegal, unauthorized or abusive manner, nor allow the use of the Equipment by unauthorized parties (f) use the equipment in a publication, advertisement or in a promotional way without the explicated authorization of the Company. (Customer acknowledges that improper use of the Equipment and/or the use of the Equipment by untrained parties may be dangerous and is strictly forbidden under this Agreement).
5. CUSTOMER LIABILITY. The Customer assumes all risk and full responsibility associated with: (a) the Customers operation and/or use of the Equipment while Equipment is in the possession of the Customer as agreed in this Agreement; (b) for the amounts due for the Equipment rented from the Company, including all rental charges, fees, taxes, incurred cost, permit expenses, penalties or other incurred expenses due to prohibited use; (c) for all damages, injuries, deaths, losses, destruction of property or any incident that may occur during the, loading, unloading, transportation, customer operation and/ or as a result of any prohibited use. “Incident” is any fine, citation, theft, accident, casualty, loss, injury, death or damage to person or property, claimed by any person, or entity that appears to have occurred in connection with the Equipment.
6. RELEASE OF LIABLITY. To the fullest extent permitted by law, the customer indemnifies, releases, holds the Company harmless and at the Company’s request, defends the Company (where approved by the Company), against all liabilities, claims, losses, damages, and expenses (including attorney’s fees and expenses) however arising or incurred, related to an incident, any damage to property, injury to, or death of, any person or any contamination or alleged contamination, or violation of law or regulation caused by or connected with: (a) the use, possession or control of the equipment during the rental period or breach of this Agreement, whether or not caused in part by the active or passive negligence or other fault of any party indemnified herein and any of the forgoing arising or imposed in accordance with the doctrine of strict or absolute liability; (b) Customers indemnity obligations shall survive the expiration or termination of the contract. If any part of this section is determined invalid by a court of competent jurisdiction, Customer agrees that this clause shall be enforceable to the fullest extent permitted by law.
7. ACKNOWLEDGMENT OF LIABILITY. The Customer acknowledges that the Company has described some of, but not all, of the risk involved with the rental of Equipment. The Customer understands that not all incidents are foreseeable and it is impossible for the Company to detail every possible risk inherent with the rental of Equipment. The Customer understands there are unknown or unanticipated risks that may also apply which may result in injury, illness, or death and agree knowingly and without coercion to the Release of Liability written above.
8. DEPOSITS & PAYMENT The Customer agrees to pay a deposit of not less than 25% of the total rental cost in order to reserve Equipment. The Customer agrees to pay the remaining balance on the account before the start time of their event, unless otherwise agreed. Customer acknowledges that: (a) the Company has the right to cancel any Agreement where a deposit has not been credited, within 5 days of a request for services; (b) The company has the right to cancel any proposal/quote that has not received a deposit within five days of its creation date; (c) The company has the right to require the amount due paid in full at any time before the rental date (Customer understands that an order is not guaranteed unless all amounts due for the Equipment are paid in full). The Customer agrees to pay all amounts due the day of the event before the operation of any Equipment or the use of any services provided by the Company unless the Company approves an alternative payment date or time, at which time the customer agrees to pay the full amount due; (d) the Customer agrees to allow the Company to charge credit cards on outstanding balances if payments are not secured within three (3) days of the event completion or the otherwise agreed time for payment; (e) the Customer agrees to pay a thirty-five (35) dollar fee for any late payments. Furthermore, the Customer agrees to pay an additional fee of thirty-five (35) dollars for every thirty (30) days a payment is not received by the Company; (f) the Customer further acknowledges that the Company will add a 25% Collection Fee to any account that is ninety (90) days past due. The Customer acknowledges that the Company may use a third party collection company to collect on outstanding accounts, and agrees to pay all penalties and fees as a result of late payments. Any payments, deposits, or monies received by the Company from the Customer for the Equipment, authenticates this Agreement and binds the Customer to these Terms and Conditions.
9. ADVERTISING. The Customer agrees that the Company has the explicated right to: (a) advertise, market and/or promote at any event or location the Equipment or the Companies Services are or will be located; (b) promote, sell, lease and/ or advertise through Company affiliates at any event or location Equipment is located; (c) to advertise by but not limited to, the handing out of business cards, and/or promotional materials. By displaying signs, banners, decals, logos, and/or the use of slogans. By the use of computer advertising and sales, sales booths or canopies, promotional or informational booths and canopies, or any other verbal or nonverbal communication. Or by any other way the Company wishes to advertise the Companies Equipment, Companies Services and/or the Company. The Customer understands that they have the right to request that the Company not advertise by any means, but must do so by acquiring through the Customers own means, a separate agreement signed by the Company agreeing not to advertise. Request to stop advertisement on the day of the event will not be honored by the Company and the Customer agrees to pay a fifty (50) dollar penalty should the Company be forced to stop or remove any advertisements.
10. RAIN POLICY Customer agrees to the following, (a) In the event of rain the customer agrees to notify the Company no less than one (1) day before the event start time to request a delay, alter, or to cancel the Equipment or Services (for the purpose of this agreement, the twenty-four hours prior to a contracted start time will hereinafter be described as the “timeframe”). Customer must contact the Company by way of a telephone and leave a detailed message as appropriate. Customer understands that attempts to contact the Company by any means other than through the use of the telephone may result in a continuation of the Rental Agreement at the Customers own expense. (b) Customer agrees to pay for improperly canceled Equipment or Services or to pay in accordance to the following: (a) if cancelation is prior to the twenty-four (24) hour timeframe, then the Customer gives the Company the explicit right to retain any deposits which will be credited toward a future event, unless otherwise agreed upon by the Company; (b) if cancelation is within the twenty-four (24) hour timeframe, then the Customer agrees to pay twenty-five percent (25%) of the contracted total price plus any delivery charges that may apply; (c) if cancelations is after the contracted start time but before half of the event rental period has passed, then the Customer agrees to pay seventy-five percent (75%) of the contracted total price plus any delivery charges that may apply; (d) if cancelation is after the contracted start time and occurs after half of the rental period has passed, then the Customer agrees to pay in full all amounts of the contracted total price plus any delivery charges that may apply.
11. CANCELING OR ALTERING The Customer agrees that a request for information is nothing more than a proposal/quote and without a deposit a proposal/quote can be canceled or altered by the Customer or the Company at any time. The Customer agrees: (a) All deposits are nonrefundable; (b) altering or changing rental orders must be completed by 5:00 pm a minimum of forty-eight (48) hours before the event start time, or 5:00 pm on Friday if the event is for a Sunday or the following Monday. A twenty-five (25) dollar fee will be included on the order for any changes to the Rental Agreement within the forty-eight (48) hours prior to the event; (c) altering the Rental Order will not change the Agreement nor will it alter any part of the Terms and Conditions. The Customer agrees to the Agreement regardless of changes to the Rental Order. This includes but is not limited to, fixing or updating dates, times, notes, Equipment ordered, payments, discounts, travel changing, insurance requirements or any fees required for the event. The Customer agrees and acknowledges that canceling an order will result in the forfeiting of all deposits not to exceed 25% of the rental amount unless otherwise agreed upon by the Company. The Customer acknowledges the Companies right to refuse services for any reason. Customer agrees to be bound by this Agreement regardless of cancellation or refusal of services.
12. ELECTRICAL REQUIREMENTS. The Customer is responsible for providing, securing, acquiring, or ascertaining any and all electrical power requirements necessary to operate or cause the operation of all Equipment. Customer agrees: (a) to pay in full the amounts due regardless of the Customers inability to provide the necessary electrical requirements for the Equipment; (b) to keep all electrical required Equipment within one hundred (100) feet of an electrical source. Customer acknowledges that some and not all Equipment provided by the Company may come with power by means of a generator. (Customer understands that generators are a rental item and are classified as Equipment and may be rented from the Company under this Agreement).
13. PERMITS, LICENSES & INSURANCE. The Customer assumes all risk and full responsibility when acquiring permits, licenses and additional insurance. The Customer is responsible to acquire all permits and/or licenses and will assume any cost associated with permits and/or licenses if required by local ordinance. The Company will provided proof of insurance upon Customer request. Additional insurance must be requested at least two (2) days before an event.
14. DELIVERY & OPERATIONAL DIFFICULTIES. The Customer acknowledges and understands that many of the attractions rented from the Company may present a delivery and/or operational difficulty. The Customer agrees; (a) to make all information concerning an events delivery methods or circumstances, including making the Company aware of obstacles such as stairs, ramps, sidewalks, distances over (100) one hundred feet from a vehicle, backyard deliveries, gate restrictions, animal issues, delivers onto decks, terraces, sand, grass or inside of a building, available to the Company before conformation of a rental price can be assessed; (b) to gather all information concerning the Companies equipment restrictions or limitations that may prevent or complicate a delivery or operation of equipment. This includes but may not be limited to, the size of equipment such as width, height, length, weight, and whether the equipment can be carried or is trailer mounted, and make that information known to the company so a proper rental price and feasibility can be assessed; (c) to inform the company of any operations limitations or restrictions such as, crowd age, weight or size issues, crowd ability or desire and to make that information known to the company so a proper rental prize and feasibility can be assessed; (d) to be aware of the Companies equipment limitations concerning operational limitations (e) to pay the full amount for all equipment rental/s due to failure to use the equipment rented from the Company for any reason mentioned in the aforementioned area; (f) to be charged an additional 15% more than the rental rate for deliveries that apply to the aforementioned delivery methods or circumstances. Customer acknowledges that this fee may be assessed upon arrival to a delivery location; (g) to accept full responsibility for any damages to property resulting from the customers’ misinformation or lack of information regarding the delivery of equipment. This includes any damages to grass, dirt, flower beds, sprinklers, landscaping, fencing, or other obstacles as a result of the Customer improperly forewarning the Company of delivery difficulties; (h) to allow a window for no less than (3) three hours before the contracted start time and (3) three hours after the contracted end time, for the necessary delivery, setup, takedown, and pickup of the Company’s Equipment; (i) Customer acknowledges that any required time that would otherwise interfere, restrict, or infringe upon the (3) three hour window will need to be added to this agreement as an line item description listing the Customer as having a Preferred Setup or Takedown. Customer agrees that failure to acquire the Preferred Setup or Preferred Takedown on the Customers Agreement subjects the Customer to the (3) three hour window, and any additional cost accrued by the Company in the Companies attempts to drop off, setup, takedown, or pick up the Equipment. Furthermore, the use of the equipment in any way by the Customer authenticates this agreement and binds the Customer to these Terms and Conditions.
15. EQUIPMENT MALFUNCTION AND ALLOTED BREAKS. In the event of equipment malfunction as a result of the Equipment and not of the Customer, the Customer agrees to allow the Company: (a) Fifteen (15) minutes of down time per each piece of Equipment during each three (3) hours of operation. An additional five (5) minutes of down time for each piece of Equipment per extra overtime hour will also apply. If the Equipment is down for more than fifteen (15) minutes in a three hour period, a refund based on the total cost of the rental Equipment on a piece by piece basis (not including discounts, delivery charges, and insurance cost) rounded in fifteen (15) minute intervals and then divided by the total cost of the rental will be used to calculate the total amount of a refund. All other factors such as weather, failure to provide adequate power, crowd size, temperature, potential loss of income, etc. shall not be a factor in determining or calculating an adjustment. (b) Customer agrees to pay in full all amounts due for the Equipment regardless of Equipment malfunction or Equipment breakdown. Customer agrees to allow the Company to refund any necessary adjustments after the day of the event. (c) Additionally, Customer agrees to accommodate the Companies staff, treating them in a fair manor including allowing for at least one bathroom break, meal break, and any other necessary break that does not exceed the fifteen (15) minutes of down time per each piece of equipment during each three (3) hours of operation.
16. FAILURE TO PROVIDE EQUIPMENT ORDERED. The Customer acknowledges that unexpected incidents can delay or prohibit the arrival of Equipment. The Company will do as much as possible within reason to provide Equipment ordered but may not be capable of doing so. The Customer agrees that: (a) the Company has the right to substitute Equipment of equal or greater value at any time up to the end of the event; (b) the Company has the right to charge the entire amount of the original equipment for the substituted equipment and/or charge more than the original price for any substituted Equipment if determined necessary by the Company; (c) the Customer agrees to except any substitute as long as the original idea of the Equipment was maintained and the value of the equipment remained the same or became greater. If Equipment cannot be substituted, the full amount of the rental including the deposit shall be returned to the Customer. The Customer agrees that should Equipment not be provided as was agreed upon in this Agreement; the Customer will hold the Company harmless, and will agree to receive in compensation only the original amounts paid by the customer for the Equipment. Customer agrees not to pursue future legal action or recourse against the Company or the Equipment.
