For the purpose of this Rental Agreement:
In reference to leasing the rental item(s) / equipment described on the Rental Agreement, it is agreed as follows:
1. INDEMNITY/HOLD HARMLESS.
Customer will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage.
Customer agrees to hold Gold Coast Entertainment Rentals (GCER) harmless from and against any and all liability, claims, judgments, attorneys’ fees and costs of every kind and nature, including, but not limited to, injuries or death to persons and damage of property, arising out of the use, maintenance– installation, operation, possession, ownership, or rental of the items rented, despite cause.
2. ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY.
Customer is fully aware of and acknowledges that there is a risk of injury, death, or damage arising out of the use or operation of the items contained in the Rental Agreement and hereby elects to voluntarily enter into this Agreement and assume all of the aforementioned risks.
Customer agrees to release and discharge Gold Coast Entertainment Rentals (GCER) from any and all responsibility or liability from such injury, death, or damage arising out of the use or operation of the rental items. Customer further agrees to waive, release and discharge any and all claims for injury, death, or damage against Gold Coast Entertainment Rentals (GCER), which customer otherwise may be entitled to assert.
3. POSSESSION/ TITLE.
Gold Coast Entertainment Rentals (GCER) agrees to reserve all items listed in the Rental Agreement on behalf of the Customer only after the following have been received from the customer.
The remaining balance of the rental agreement must be paid 7 days prior to delivery, unless otherwise specified by GCER. If this obligation is not met, GCER reserves the right to either cancel the order without refunding the initial 50% deposit, or apply late payment charges equal to the highest APR allowed by California law.
Customer’s right to possession of the rental items:
4. LEGAL FEES.
Customer will pay all collection fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract. Any law suits that may occur between GCER and their customers must be filed in Los Angeles County, and any litigation will be held in a Los Angeles Court.
5. MISCELLANEOUS.
The Rental Agreement may be executed or delivered by fax, or other electronic means such as email. The Rental Agreement is valid whether properly signed by the Customer or not, so long as the Customer takes possession of the rental items. It is also valid if signed by another party signing on behalf of the Customer, in which case the signing party will sign their own name, and then print C/O (Care Of) “Ordering Party.”
6. UNSAFE CONDITIONS.
Gold Coast Entertainment Rentals (GCER) reserves the right to refuse to install or deliver rental equipment due to unsafe conditions or weather. If this occurs, Customer will be liable for a minimum of 50% of the total cost specified in the Rental Agreement. In the absence of unsafe weather or other conditions, Gold Coast Entertainment Rentals (GCER) will use all appropriate means and methods to secure the rental equipment for the safety of the Customer and the equipment.
Gold Coast Entertainment Rentals (GCER) is not responsible for underground utilities, and charges for time out, whether equipment is used or not. If permission is granted by the Customer to stake anything into the ground at their desired location, then it is the sole responsibility of the Customer to check for underground utilities and water mains.
7. CANCELLATIONS.
All customers will provide a 50% NONREFUNDABLE DEPOSIT in order for GCER to reserve their order.
8. DELIVERY CHARGES.
GCER may assess additional charges at a rate of up to $120 per hour when delivery conditions cause GCER to incur additional labor costs, including, but not limited to:
9. EQUIPMENT USAGE AND RETURN.
In such instances, unless the items in question are covered by a damage waiver, the Customer agrees to pay GCER for:
10. DAMAGE WAIVER.
An 8% charge will be applied to all rental items to cover the cost of normal cleaning and maintenance. This does not cover LOSSES, THEFT OR DISAPPEARANCE OF EQUIPMENT
DUE TO CUSTOMER NEGLIGENCE. Broken items must be returned in their broken state or they will be considered stolen. Replacement of lost or damaged items is chargeable in addition to the damage waiver charge.
11. MEASURING EVENT AREA.
12. DISCOUNTS.
GCER may offer discounts at its sole discretion. Any violation by the customer of GCER’s rental contract or Terms and Conditions, including violation of payment terms, will make such discounts null and void.
13. LOCAL RULES AND REGULATIONS.
Any and all rules and regulations governing an event site must be provided in writing to GCER prior to the delivery of rental equipment. All fines incurred as a result of non-disclosure of such regulations are the responsibility of the customer.
Please use the space provided on the Check Out screen titled “Delivery Info” to list any rules or regulations that GCER must follow during delivery, setup or removal of rental equipment as put forth by the owners or designated managers of the event location.
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