THIS EQUIPMENT LEASE (Lease) is entered into by and between Fabulous Events, Inc., (Lessor) and the (Lessee).
This Lease is made effective on the date set forth at the end of this lease. NOW THEREFORE, in consideration of the mutual covenants and promises set forth, the parties agree as follows:
1. LEASE – DESCRIPTION OF PROPERTY The date of Lessee’s function is noted on the contract. Lessor hereby leases to the Lessee, and Lessee hereby leases from the Lessor the following described tangible property (the Equipment), including Table Linens – Specialty Overlays – Napkins – Chair Covers – Sashes – Chiavari Chairs – LED Uplighting – Décor. Lessor does not guarantee or accept responsibility for any linens, chair covers and/or other rental equipment that does not fit properly. It is up to the Lessee to verify that such equipment is suitable for Lessee’s needs prior to delivery and/or pickup by the Lessee. Upon request and payment of fifteen dollars ($15.00), Lessor will provide a chair cover sample for Lessee. Lessee must return the Lessor’s sample(s) within 10 days of receipt. Lessee will be charged the replacement cost for the items sampled and not returned timely.
2. RENT – DEPOSIT – LATE FEES. A fifty percent (50%) non-refundable payment will be due at the time of reservation to reserve rental equipment. A signed rental agreement and a valid credit card number of the Lessee must be on file for all orders and will be held as a security deposit. Payments may be made by check, cash, money order or credit card. If payment is made by check, it will need to be received 3 weeks (21 days) prior to your scheduled event date to give time to process. No checks will be accepted thereafter and ALL final payments must be made by cash, money order or credit card. All orders must be pre-paid prior to delivery and/or pickup. Credit cards are only accepted by the person who signs this agreement. Lessee acknowledges and hereby authorizes Lessor to charge his/her credit card as a method of payment for fee’s mentioned: (below) payments, security deposit, late fees, cleaning fees, replacement cost(s), for any damaged or missing rental equipment, and labor or trip fees. The remaining balance and Lessee’s final count to their order is due 3 weeks prior to their event date. Lessee may change his or her order count by ten percent (10%) up until 3 weeks prior to the event date, after which time, Lessee’s order becomes final. Lessee will be charged according to the last count provided to Lessor. The fifty percent (50%) payment paid by the Lessee will be applied against to Lessee’s total bill amount. Cancellation of this agreement for any reason will result in forfeiture of Lessee’s total payments. Checks returned for non-sufficient funds will be charged thirty dollars ($35.00) plus any applicable bank fees. A Late return fee equal to ten percent (10%) of Lessees total rental order will be charged for each day Lessor’s equipment is late. After seven days (7) days, the late fee is one hundred percent (100%) of Lessee’s total order. After ten days (10), Lessee will be charged at full replacement cost at 5x the rental amount for all Lessors’ Equipment rented under this lease. ALL verbal orders are considered firm and will incur a loss of your 50% deposit if you choose to cancel your reservation.
3. SHIPPING – DELIVERY – RETURN OF EQUIPMENT. Lessor will ship/deliver equipment to Lessee in advance of the event date to Lessee. Shipped linens, chair covers and sashes must be shipped back to Lessor on the first business day following the event date. If you were provided return bags, the order must be returned in the bags. Lost bags are $59.00 each to replace. The Lessee is responsible for and must notify Lessor of any changes that affect the delivery and/or shipping of the equipment, including but not limited to: event date, shipping address, applicable phone number, and receipt of location. The Lessee is responsible for the setup, install, and take down of leased rental equipment for out of state orders. Delivery of equipment by the Lessor shall be made only to a point immediately accessible by the Lessor’s delivery vehicle, i.e., a first level or ground floor location only. Further, the Lessee or an agent for the Lessee must be present at the time of delivery to sign for the equipment, as well as to notify the Lessor where the rental items will be placed for pickup. Lessor will pick up the equipment on Monday following the Lessee’s event date. If the Lessor needs to make an additional trip to pick up the rental equipment leased by the Lessee, a fee of not less than fifty dollars ($50.00) plus mileage ($0.58 cents per mile from Lessor’s place of business) will be assessed by the Lessee for each trip. Lessor is not responsible for undeliverable rental items made by FedEx or UPS due to bad weather, acts of God or any other unforeseen incidental or coincidental circumstances. Lessor does not place any delivery restrictions on packages being shipped. Lessee will receive an email confirmation upon delivery of packages providing Lessee has an email address on file with Lessor. Lessee will be fully responsible for all rental equipment that has been delivered to the specified location. Rental equipment does not include: delivery, setup, installation or take down unless the Lessee has requested and paid for this service in advance. Lessee accepts and agrees that all Equipment shall be returned in good condition, free from any defects (other than ordinary wear and tear). All damaged Equipment such as but not limited to: candle wax, burn holes, iron marks, stains, mildew, pinholes, torn or destroyed rental equipment, will be charged at full replacement cost. All Equipment must be neatly stacked or placed back in delivery containers and returned to its original point of delivery. Linens must be shaken out prior to return. Sashes must be untied or you will be charged $15/hour labor to untie them, with the minimum charge being $15. If items are not ready for pick-up, additional late/labor and or trip fees will apply. Rental items picked up by the Lessee must be returned to Lessor at the address above, no later than 5:00 pm. the first business day immediately following their event date to avoid late fees. Items shipped to Lessee via FedEx must be returned to FedEx the first business day immediately following their event date to avoid late fees, (See paragraph 2). Nothing in this lease entitles Lessee to continue to lease beyond the term specified on their invoice and above.
4. CARE – USE OF EQUIPMENT Upon receipt of the Equipment it is the Lessee’s responsibility to inspect and count their Equipment order to verify the correct Equipment has been sent. If there is a discrepancy or missing Equipment, Lessee must notify Lessor within twenty four (24) hours of receipt of the Equipment to assure replacement of missing items to the best of Lessor’s ability. Under no circumstances are you permitted to iron our product as this can and will damage the product. Any product that has been ironed will be charged full replacement cost. DAMAGED, MISSING EQUIPMENT – RISK OF LOSS. Lessee accepts full responsibility for the equipment from the time of delivery or pick-up, until the Equipment is returned to Lessor. Lessee will be charged full replacement costs for any and all missing, lost or damaged Equipment. In the event of theft of Lessor’s Equipment, Lessee agrees to furnish Lessor with a police report within forty-eight (48) hours from the time of the theft. Lessee is fully responsible for full replacement costs of any Equipment that is lost or stolen. The risk of any loss, damage or destruction to any of Lessor’s Equipment under this Lease will be borne by Lessee. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease or relieve Lessee of any obligation of this Lease, which shall continue in full force and effect through the term of the Lease. In the event of any loss or damage to the Equipment, Lessee, at Lessor’s option, shall either replace the damaged Equipment in good repair, condition and working order, or pay the Lessor the replacement cost of such Equipment based on the current market value of such Equipment.
5. SAMPLE ORDERS – All sample orders are subject to the same care and use of equipment as stated above (See paragraph 4). Lessee is responsible to return all samples within the time stated on the rental which is typically 10 business days. Additionally, Lessee is responsible for all shipping costs to and from their location unless other provisions have been made. These provisions will be notated on the actual order should they vary from this document. Orders that are not returned by the sample end date will be subject to rental and/or replacement charges. Any lost items will be charged for full replacement costs as stated above (See paragraph 2).
DISCLAIMER OF WARRANTIES. LESSOR DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE EQUIPMENT, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION DESCRIPTION, QUALITY, DESIGN, PERFORMANCE, SPECIFICATIONS, CONDITION, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY SET FORTH IN THIS CONTRACT. Lessor further disclaims any liability for loss, damage, or injury to Lessee or third parties as a result of any defects, latent or otherwise, in the equipment whether arising from Lessor’s negligence or application of the laws of strict liability. The Equipment covered this contract have been leased by Lessee AS IS and WITH ALL FAULTS, and Lessee acknowledges that no warranties of merchantability or fitness for any particular purpose are to be implied in this transaction. If the Equipment becomes unsafe or in disrepair during the term of this Lease, Lessee agrees to discontinue use and to notify Lessor immediately. Lessor will then attempt to replace the Equipment with similar Equipment within a reasonable time, if similar Equipment is available at the time Lessor receives notice of said condition.
INDEMNITY. Lessee shall indemnify Lessor against, and hold Lessor harmless against, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including reasonable attorney’s fees and costs, arising out of, connected with, or resulting from the Lease and/or the Lessee’s use of the Equipment, including without limitation the manufacture, selection, delivery, possession, use, operation or return of the Equipment. DEFAULT. In the event Lessee defaults in payment of any amount or obligation, or fails to return the Equipment as set forth in this Lease after the same is due and payable, or if any credit or financial information submitted by Lessee to Lessor is materially untrue, or if Lessee defaults in any other performance as obligated by this Lease, Lessor may exercise any one or more of the following
A. To declare the entire balance of rent hereunder immediately due and payable and to similarly accelerate the balance under any other leases between Lessor and Lessee without any notice or demand; and/or
B. To sue for and recover all rents, payments, and other monies due, then accrued or thereafter accruing, with respect to any or all items of the Equipment to the extent permitted by law; and/or
C. To take possession of any or all items of Equipment, without notice or demand, including the removal of any physical obstructions, the disconnecting and separating all such Equipment from any other property, from wherever the same may be located, without any court order or any other process of law. Lessee hereby waives any and all damages occasioned by such retaking; and/or
D. To terminate this Lease; and/or
E. To pursue any other remedy at law or in equity. Not withstanding any repossession or any other action that Lessor may take, Lessee shall remain liable for the full performance of all Lessee’s obligations to be performed under this Lease. All of Lessor remedies are cumulative, and may be exercised concurrently or separately. ATTORNEY FEES. In the event either party files any legal action or suit to compel the performance of any provision of this lease, or to seek an interpretation of any Lease terms, the prevailing party shall be entitled, in addition to costs, to reasonable attorney fees as determined by a court of competent jurisdiction: and/or
F. Provided however that if your delinquent account is turned over to a 3rd party collection agency, then you agree to pay all reasonable collection costs including reasonable attorney fees and court costs.
FORCE MAJEURE. Neither party will be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God (such as natural disasters), government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, or any other cause beyond the reasonable control of the party whose performance is affected. Should Lessee’s event be cancelled, postponed or otherwise adversely impacted as a result of a force majeure event, there will be no refunds for payments already received by Lessor, but Lessor will use all reasonable efforts to work with Lessee to provide the Rental Items at a later date if necessary, subject to the availability of the Rental Items and Lessor’s delivery/set-up representatives.
TITLE – OWNERSHIP. The Equipment is, and at all times shall remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title, or interest therein or thereto except as set forth in this Lease. Lessee has no right to purchase or otherwise acquire title to or ownership of any of the Equipment or property of this Lease no matter that the Equipment or any part thereof may now be, or hereafter become, attached or affixed to real property or any improvements thereon. ADDITIONAL DOCUMENTS – NOTICES. If Lessor shall so request, Lessee shall execute and deliver to Lessor such documents as Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of Lessor in the Equipment. Service of all notices under this Lease shall be sufficient if given personally or mailed certified, returned receipt requested, or postage prepaid, to the party involved at the address set forth below or to such address as such party may provide in writing from time to time. Any notice mailed to said address should be deemed effective when postmarked, pre-stamped and duly addressed, in the United States mail. If to Lessor: Fabulous Events 1110 Crescent Lake Road – Suite A, Waterford, Michigan, 48327. Phone: 877-200-2424. If to Lessee: We will use the billing address supplied to us at the time of reservation.
MISCELLANEOUS PROVISIONS. Assignment. Lessee shall not assign this Lease or its interest in the Equipment without the prior written consent of Lessor. Binding Effect. This agreement is binding on and shall insure to the benefit of the parties to this agreement and their respective successors, but it may not be assigned by any party without the consent of others. Best Efforts. The parties agree to use good faith and their best efforts to fulfill or meet all conditions of this contract and to meet all of their performance obligations imposed under this contract. Damages. The Lessor is not responsible for any incidental or consequential damages caused by delays beyond Lessor’s control. Entire Agreement; Modification. This Lease contains the entire agreement between the Lessor and the Lessee. No modification of this Lease shall be effective unless in writing and signed both by Lessor and Lessee. Governing Law/Choice of Law. This contract shall be governed and controlled by the laws of the state of Michigan as to interpretation, enforcement, validity, construction, and effect and in all other respects.
HEADINGS. Headings used in this Lease are provided for convenience only and shall not be used to construe meaning, intent, or to be used in the construction or interpretation of this Lease.
SEVERABILITY. If this agreement or any provision of this agreement is held by a court to be invalid or unenforceable because it is too broad in any respect, the agreement or provision shall be narrowed by the court to the extent required to be enforceable. Venue. By execution of this agreement, the parties consent to venue in Oakland County (Michigan) of any action brought to enforce the terms of this agreement or to collect any monies due under it. Waiver and Amendment. All modifications to this agreement and all waivers of any of the provisions of this agreement, to be effective, shall be in writing and signed by both parties. Weather conditions. Lessor is not responsible for acts of God. No refunds are given due to inclement or hazardous weather conditions. Payment may be made by check only if your event date is within 3 weeks of your reservation being made to allow time for processing. If you will be paying your remaining balance by check, it must be received 3 weeks prior to your event date. If your event is taking place within 2 weeks of your reservation, your rental order must be paid by credit card in the full amount due. All customers paying their final payment by cash, money order or credit card must be paid in full within 2 weeks of their delivery/ship date. Under no circumstance can any order be shipped or picked up from Lessor without signed paperwork from Lessee.
DAMAGE WAIVER. If you pay the damage waiver charge (DWC) as specified, subject to limitations and exclusions below, Fabulous Events agrees to modify the terms of this contract and relieve you of liability for accidental damage to the rented item(s) on this contract, and for loss due to fire, collision, windstorm, upset and riot. We exclude from this waiver, however, any loss or damage due to theft, burglary, misuse or abuse, theft by conversion, intentional damage, mysterious disappearance or any loss due to your failure to care for the rental item(s) as a prudent person would his/her own property.