Carnival Services
Broker Policy
The following information is a clarification of policy regarding the benefits, restictions, and general guidelines established by Carnival Services to insure a smooth and beneficial business relationship with our brokers.
What is a Broker?
Carnival Services classifies all third-party event planner organizations or individuals as a broker. Someone or something that rents equipment from Carnival Services for their own customers.
Why be a Broker?
Carnival Services carries a wide variety of smaller Carnival Amusement Attractions for rent. We offer brokers the ability to rent these attraction (free from company logos and self-advertisements) to the brokers customers. In turn Carnival Services can provide the customer information about the broker, fully represent the broker, pickup payments, and pass out advertisement for the broker. Carnival Services for all-intensive purposes, is simply working for the broker under the brokers desired name.
Broker Benefits
1. Place a hold (for up to 14 days) on any equipment without a deposit.
2. A discount on nearly every attraction provided by Carnival Services (see restrictions for more info).
3. A 15% discount on equipment if rented from our website or a 10% discount if rented via email or by phone with one of our event planners.
4. 100% DOSH approved mechanical rides, operated and maintained by our certified personal.
5. Zero personal advertising by Carnival Services. Including having visual logos, slogans, or print media advertisements such as business cards or business flyers on any of our vehicles, equipment, or staff.
6. Our staff come with basic uniforms that make it clear that they are the “Event Staff” without suggesting who they are employed by. Don’t like our shirts, you can bring your own for our team members to wear. Staff can also wear black dress pants and white dress shirts at certain private events (ask for more info).
7. Our staff can represent the broker in full detail. Providing the customer with broker issued paperwork, pass out broker business cards or flyers, and pickup payments for the broker.
8. Our office can represent your needs by communication directly with your customer as an extension of your organization (i.e. yard manager) for site evaluations, or to convey equipment specifications directly with your customer without revealing who we are.
9. A right to negotiate a refund. Based on the brokers relationship with Carnival Services (as noted below) the broker may negotiate a refund based on circumstances other than equipment down time.
10. All our brokers receive a free additional insurance on our one-million-dollar general liability insurance and are covered by our one-million-dollar automotive insurance, as well as our fully comprehensive Workmen’s Compensation Insurance.
11. Carnival Services is a California C-Corporation and is therefore exempt from 1099s. Saving our brokers from this added hassle during tax season.
Broker Requirements and Restrictions
1. Order Information
a. Broker must provide full address and event locations in order for a hold to be valid.
b. Broker must provide accurate start times and end times. Failure to provide accurate event times may result in additional cost which will be billed to the broker.
c. Broker must provide contact information for the day of the event. Please make additional notes if we are to be contacting your customer, or one of your staff.
d. Broker must provide a valid zip code. Inaccurate zip codes may result in inaccurate pricing which the broker will be held liable for.
e. Failure to provide accurate delivery difficulty instructions may result in the cancelation of the equipment at the full expense of the broker.
2. Customer Communication
a. Carnival Services retains the right to communicate with the customer on behalf of the broker in lieu of an absent broker. This includes:
i. To negotiating the location for the operation of our equipment.
ii. To negotiating additional time at a predetermined price set by the broker (or set by Carnival Services in lieu of a broker’s predetermined price).
iii. To negotiate the substitution of Carnival Services equipment as prior defined by Carnival Services Rental Agreement subsection 16. There are no exceptions to this rule. If the broker is unreachable Carnival Services WILL negotiate alternative arrangements for our equipment and bill the broker accordingly.
iv. To inform the brokers customer of delivery difficulties, equipment limitations, or the ETA of our staff’s arrival.
v. To communicate directly with the customer to satisfy the customers complaints regarding our equipment.
vi. To identify ourselves as Carnival Services to the customer and assume full communicative control over the customer in the unlikely event of an accident or incident in connection with the customers person or property. Similarly, in the unlikely event of a finical or legal liability which is otherwise established as a liability to Carnival Services, the aforementioned will also be invoked as the sole right of Carnival Services.
3. Broker’s Customer
a. Carnival Services recognizes the brokers customer and will NOT propose equipment directly to the customer so long as the broker’s hold has been established for at least five business days.
b. Carnival Services reserves the right to propose direct services to any customer who reaches out to Carnival Services directly; with the exception of:
i. Carnival Services will not bid on equipment rentals to a customer that has a prior relationship with a broker for at least one year to the day of their last event with Carnival Services.
ii. Carnival Services will not bid (for three years) on any upcoming events with a broker’s prior customer if Carnival Services was at fault for why the broker lost their customer. Furthermore, Carnival Services will pay a 15% commission on the gross of the equipment rentals on the first successful event with a customer who prior quite their broker due to the negligence Carnival Services.
c. Carnival Services recognizes the customer as the sole party and the broker as the customers representative. Carnival Services agrees to provide the customer equipment on behalf of the broker. This means the following:
i. Carnival Services holds equipment for the customer and not the broker. If the customer does not want the equipment, the broker loses all rights to hold the equipment.
ii. Carnival Services will provide (upon request) multiple broker’s the right to bid on the same equipment for the same customer.
iii. Carnival Services will hold equipment on a level 2 blackout date for a prior year customer but NOT for the broker. If the customer refuses to work with the broker, the equipment WILL NOT be held for that broker.
4. Equipment Holds
a. Broker must maintain a constant vigilance on all Broker related holds and inform Carnival Services if a hold needs to be canceled. Failure to cancel equipment in the allotted time may result in a cancelation fee.
b. Broker must notify the Company within 14 days of a hold to request additional time, or to confirm a hold (currently an e-signature option satisfies this requirement).
c. Canceling a confirmed hold may result in a 10% or $100.00 cancelation fee (whichever is greater).
5. Event Location
a. Broker must provide its customer with all Carnival Services equipment requirements so that the customer is not confused or misinformed about the size or other restrictions of the equipment. Failure to provide accurate information to the customer may result in the cancelation of the equipment at the brokers expense.
b. Broker must provide Carnival Services with all delivery information including but not limited to; operational difficulties, setup or take down difficulties, terrain difficulties, and drivable access information. Failure to provide accurate information to Carnival Services may result in the cancelation of the equipment at the brokers expense.
6. Accounts Payable
a. Day of the Event
i. Carnival Services does not require payment at the event. However, if Carnival Services picks up cash at the event it will be held as payment on the account before any extra amounts are issued first to other outstanding accounts and then the balance will be paid to the broker.
b. 5 Business Days
i. All outstanding amounts must pe paid to Carnival Services on the account unless there are inaccuracies on the order. The broker will have only 14 days to resolve any inaccuracies. After which the account must be paid in full regardless of the inaccuracies. Carnival Services will fix any inaccuracies if discovered and refund all overpayments.
c. 14 Total Days
i. Failure to provide payment within this timeframe will result in the absolute suspension of all future account activities. The Broker will no longer be able to place orders and Carnival Services may decide not to honor upcoming events. Additionally, a $45.00 late payment fee will be added to the broker’s order for every (7) seven days a payment is not received as agreed to in the Carnival Services Rental Agreement subsection 8.
ii.
d. 30 Total Days
i. Continued failure to provide payment will result in the cancelation of all current orders with Carnival Services. Additionally, the broker’s account will have already received $180.00 in late payment fees as agreed to in the Carnival Services Rental Agreement subsection 8.
e. 90 Total Days
i. Failure to satisfy all outstanding accounts will result in a 32% increase in the brokers original invoice plus $540.00 in late payment fees. The broker’s account will be sent to ‘Lazarus Finical’ for account collections.
f. 180 Total Days
i. Carnival Services will consider our business relationship as irreparable. Carnival Services will issue notification of accounts unpaid as a warning to our fellow business partners and may contact the broker’s original customer in an attempt to recover the amounts unpaid.
No Need to Sign
Carnival Services has established this as our broker policy and this letter is for informational and for clarification purposes only. This policy may not outline all of the broker policy, and Carnival Services retains the natural right to make corrections, changes, or exemptions to its policies. Ordering equipment subjects the broker to all of Carnival Services policies unless a broker establishes their own contract signed by Carnival Services establishing a legal president which would otherwise require Carnival Services not to enforce this policy. Because this policy requires no action from the broker, there is no need to agree to this policy as it will be enforced on our equipment regardless of the brokers consent.
Thank you for being part of our family,
Nathan D. Brainard V.P.
