TERMS AND CONDITIONS 

1. Agreement
For the purpose of this Rental Agreement, “Glorious Decor” shall mean Glorious Decor, LLC its owners, officers, directors, shareholders, and employees, and “Customer” shall mean Customer, its agents and/or employees.  In consideration of hiring of the items (herein “the rental items or items”) referenced on the front of this “Agreement” shall mean Rental Agreement, and the terms and conditions are agreed as follows:

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2. Indemnity / Hold Harmless:

            A.        Customer shall indemnify and told harmless Glorious Decor from any liability related to and arising out of this Agreement and shall take all necessary precautions regarding the items rented within this Agreement and shall protect all persons and property from injury or damage.
 

            B.        Customer shall hold harmless Glorious Decor 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 to person or property, arising out of the use of the items rented.
 

3. Assumption of Risk/Release-Discharge of Liability:
            A.        Customer acknowledges that there is a risk of injury or damage arising out of the use or operation of the items rented hereunder and is hereby assuming that risk, by entering into this Agreement and assumes all of the above risks of injury or damage which may result;
 

            B.        Customer agrees to release and discharge Glorious Decor from any and all responsibility or liability from all injury or damage arising out of the use or operation of the rental items; and
 

            C.        Customer waives, releases and discharges any and all future claims for injury or damage against Glorious Decor which customer otherwise may have otherwise been entitled to.

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4. Title and Ownership:       
The items rented shall, at all times, be and remain the sole and exclusive property of Glorious Decor. Customer shall have only the rights to use the rental items in accordance with the terms of this Agreement. Glorious Decor shall have the right to display notice of its ownership of the rental items by display of an identifying stencil, plate or other marking, and Customer agrees that it will not remove or cover such markings without the written permission of Glorious Decor. It is expressly intended and agreed that the rental items shall remain the property of Glorious Décor even in the event it shall be affixed or attached to real estate.  Customer agrees that items rented, shall not be removed from the place of delivery or installation without the expressed written permission of Glorious Decor.
 

5. Inspection:
Customer acknowledges that they have had sufficient time and opportunity to inspect the rental items and approve the rental items as suitable for their needs and agree that they are in good condition.  Customer understands its proper use. Customer acknowledges its responsibility to inspect that the rental items are fit for its use and shall notify Glorious Decor of any defects immediately (1) before leaving Glorious Decor’s premises or (2) prior to Glorious Decor’s vehicles leaving the delivery / pick up site.

 

6. Replacement of Malfunctioning Items:  
In the event the rental items become unsafe or in disrepair for any reason, Customer shall discontinue use and notify Glorious Decor immediately.  If the defect is the result of normal use, Glorious Decor may agree to repair or replace the items with similar items in good working order if available. Glorious Decor is not responsible for any incidental or consequential damages caused by delays or otherwise. Customer hereby waives any right or entitlement thereto.
 

7. Warranties:           
Customer understands that Glorious Decor is not the manufacturer of the rented property nor the agent of the manufacturer and has no expectation of warranty against patent or latent defects in material workmanship or capacity. Customer expressly waives all such warranties of fitness and merchantability which may be accorded by law or otherwise.  There are no warranties of merchantability or fitness, either express or implied.  There is no warranty that the rental items are suited for Customer’s intended use, or that it is free from defects. Customer consents that any and all such warranties of fitness, or otherwise are expressly and specifically waived by Customer.
 

8. Hold Harmless Agreement:        
Customer shall defend, indemnify and hold harmless Glorious Decor, its employees, agents and subsidiaries, from and against all claims, liabilities, losses, damages to property or otherwise, and expenses, of every character whatsoever, resulting from the actions, negligence or otherwise, of Customer, Customer’s employees, agents or subcontractors. The indemnities included herein include reasonable attorney’s fees which are incurred by Glorious Decor defending suit and actions involving liability covered by the indemnification provision in this Agreement.
 

9. Time of Return:   
Customer’s right of possession terminates upon the expiration of the rental period in the Agreement and Customer’s possession of rental property past contract conclusion date constitutes a material breach of Customer’s obligations hereunder. Return of rental property constitutes time is of the essence pursuant to this Agreement. Any extension must be mutually agreed upon in writing. Customer is responsible for all late return fees. These will be additional charges billed to the credit card on file.
 

10. Balance Due at Start of Rental Period:
Any unpaid balances, late return fees  and other additional fees imposed pursuant to the terms herein are due at the termination of the rental period. A charge of 2% per day (Annual Rate of 26.82%) will be charged to the credit card on file for all overdue accounts.
 

11. Customer Damage:        
Glorious Decor shall not be liable for damage caused to Customer property as a result of loading / unloading of rented property.
 

12. Cancellations:     
All cancellations made within Seven (7) of the event date subject to a 50% cancellation fee on each item.  There are no refunds for all cancellations made within seventy Two (72) hours of the scheduled event/rental date/time. Regardless of cancellation date and time, the initial $50 deposit fee is non-refundable at all times.
 

13. Assignments, Subleases and Loans of Rental Items:  
Glorious Decor may assign its right under this contract without the Customer’s consent but will remain bound by all obligations herein.  Customer shall not sublease or loan the rental items without the written consent of Glorious Decor. Any purported assignment by the Customer is void.
 

14. Return of Rental Items: 
Upon the termination of this Agreement, Customer shall return all the rental items to Glorious Decor’s representative or to its premises, which ever is agreed upon, during Glorious Decor’s regular business hours in the condition they were delivered to Customer, subject only to reasonable wear and tear. Customer shall be liable for all damages to or loss of the rental property resulting from failure to return within Glorious Decor’s 

regular business hours. If Glorious Decor has agreed to deliver the rental property to Customer or to pick up the rental property from Customer, Customer shall be responsible for all losses or damage to the rental property from the time of delivery to Customer and until picked up by Glorious Decor.
 

15. Inspection by Glorious Décor:  
Glorious Decor shall at all reasonable times have the right to enter premises where the rental property is located for purposes of inspecting it, observing its use, or removing it from Customer’s premises.
 

16. Compliance with Law / Use of Rental Items:
 

            A.        Customer shall not use or allow anyone to use the rental items for any illegal purposes or in any illegal manner or in an unsafe manner. Customer shall at their sole expense, comply with all municipal, state and federal laws, ordinances and regulations which may apply to the use of the rental items during the rental period.  Customer shall pay all licenses, fines, fees, permits, or taxes arising from their use of the rental items, including any subsequently determined which may become due at any time. Customer shall obtain all permits and/or licenses from the appropriate governmental agencies. Glorious Decor may, at the Customer’s request, act as the agent to obtain required permits and/or licenses for additional fees billed to the Customer’s credit card on file.  If these agencies should require additional rental items, the expense of these rental items will be the sole responsibility of the Customer. If the permits or licenses are denied for any reason, Customer shall be responsible for all financial and other obligations pursuant to this Agreement to Glorious Decor or its subcontractors. Customer shall not allow any person who is not qualified and who has not received and understands safety and operating instructions and who does not utilize all safety equipment required, to operate the rental items or use the rental items. Customer shall not,  allow any person to use or operate the rental items which are in need of repair or when it is in an unsafe condition or situation; modify, misuse, harm or abuse of the rental items; permit any repairs to the rental items without Glorious Decor’s prior written permission; or allow a lien to be placed upon the rental items.
 

            B.        Where applicable, Customer shall check filters, oil, fluid levels, air pressure, clean and visually inspect the rental items at least daily and to immediately discontinue use and notify Glorious Decor when rental items are found to require repair or maintenance or is malfunctioning. Customer acknowledges that Glorious Decor have no responsibility to inspect the rental items while they are in Customer’s possession.
 

17. Delivery / Pick Up:        
Delivery is made to the closest point that delivery vehicle can park. Delivery to any alternative locations such as beyond the first floor or beyond the closest parking location shall be made at our discretion and are not guaranteed.  Additional charges will be imposed when the items are required to be brought upstairs, on the elevator, or anywhere requiring extra time. Delivery service does not include set up and knock down of tables and chairs. If this service is agreed upon, arrangements shall be made at least four (4) days prior to delivery with additional fees imposed. If no arrangements are made and this service is required upon delivery, the driver must call for authorization. If time permits, Customer may be accommodated, additional fees shall be applied. Upon pick up, where no prior arrangements have been made and rental items are not knocked down and disassembled, the area tables and chairs will be left until the next day when a special crew can be scheduled to pick up. In that event, there will be an additional one-day rental fee.  A knock down fee will be applied and charged to the credit card on file. Upon delivery, credit card information will be required to be provided and will be held on file until satisfaction of all provisions herein. 
 

18. Cleaning: 
Rented china, glassware, and flatware must be returned rinsed and repacked properly in boxes provided or additional charges will be applied. Additional cleaning deposits will be changed on BBQ grills, cooking equipment and concession equipment.
 

19. Linens:    
Table linens are inspected prior to pick up and upon return.  DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG – mildew will result. Damage such as mildew, excessive stains, burns or tears will have additional charges including the cost of replacement of the linen.
 

20. Dirty, Or Damaged Items:        
Customer shall pay for any damage to rental items regardless of cause, except reasonable wear and tear, while rental items are out of possession of Glorious Decor. Customer agrees to pay a reasonable cleaning charge for all rental items returned dirty.  Accrued rental charges may be applied against the purchase or cost of repair or damaged goods. Rental equipment damaged beyond repair will be paid by Customer at replacement cost. The cost of repairs will be  paid by the Customer, whether performed by Glorious Decor, or at Glorious Decor’s option by others. All such fees will be billed to the credit card on file.
 

21. Damage Waiver:
Prior to rental, Customer may elect that Glorious Decor, in consideration of an additional charge of 12% of the gross rental charges, shall modify the responsibilities of Customer created in Paragraph 20 “Dirty or Damaged Equipment.” For the  damage waiver charge herein, Customer takes reasonable precautions to protect rental items. In that event, Glorious Decor assumes risk of damage to rental items, excluding the following, which is assumed by the Customer regardless of the Waiver herein: (a) Loss, damage, vandalism, malicious mischief, and theft; (b) Loss, damage or theft of accessory items such as extension cords, etc.; (c) Loss due to disappearance or wrongful conversion by a person entrusted with rental items; (d) Damage waiver is null and void if damage is caused by a third party not associated or related to Customer. In this instance, Glorious Decor reserves the right to collect from person or company causing damage.  THE LESSEE UNDERSTANDS THAT THE DAMAGE WAIVER IS NOT INSURED. THE LESSEE IS OBLIGATED TO SUBMIT TO THE LESSOR A POLICE REPORT ON ALL LOSSES COVERED UNDER THIS DAMAGE WAIVER PLAN. Customer may decline this Damage Waiver charge by making a cash deposit equal to the full value of the rental items.
 

22. Theft of Rental Items:    
Customer shall pay for rental items (at its replacement cost when rented) in the event of theft or disappearance. Damage Waiver does not cover theft or lost items.
 

23. Retaking Of Rental Items:        
If for any reason it becomes necessary for Glorious Decor to take back the rental items, Customer authorizes Glorious Decor to take back the rental items without further notice or further legal process and agrees that Glorious Decor shall not be liable for any claims for damage or trespass arising out of the removal of the rental items.
 

24. Legal Fees:
In the event Glorious Decor incurs legal fees to enforce any provision of this Agreement, Glorious Decor shall be entitled to recover reasonable attorney’s fees and court costs in such event, or proceeding, in an amount to be determined by the Court.
 

25. Weather Related Risks: 
Customer assumes all weather-related risks involved in holding its events.  Glorious Decor will endeavor to minimize said risk, however, should any rental items, including tenting become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Glorious Decor’s control, Customer shall still be liable for payment in full of all charges due. Weather circumstances that jeopardize the safety of the Customer, equipment and Glorious Decor’s staff may result in Glorious Decor’s right to cancel the reservation.
 

26. Site Preparation:
Customer shall ensure the site upon which the rentals are to be erected, are free and clear of all obstacles, natural and manmade prior to the arrival of Glorious Decor’s work crew. Customer shall have all tents cleared for removal prior to Glorious Decor’s arrival.  All non-rented items and decorations shall be cleared and taken from site at time of pickup. If Customer fails to do so, then Customer shall pay all costs involved for any delay, additional rental, and all costs including collection and legal expense.
 

27. Material: 
Customer understands that all tents are subject to stretching and retracting of up to 5% of listed sizes and although all tents have been impregnated with waterproofing compound, tents are not guaranteed to be absolutely waterproof, and are to be considered temporary shade structures.
 

28. Cooking Under Tents:   
Customer shall not do any cooking under or within a reasonable distance of the tent. Customer assumes full responsibility and costs incurred for damage and or cleaning to pick up the equipment from Customer. Customer shall be responsible for all losses or damage to the expense to tent tops due to cooking processes under or near tents. Equipment from time of delivery to Customer and until picked up by Glorious Decor.
 

29. Electric Power and Lighting:    
Customer agrees to furnish Glorious Decor access to and the right to use Customer’s electrical and power lines for the installation and operation of the rental item.
 

30. Underground Facilities: 
Customer shall have all underground facilities, in the vicinity of the equipment installation clearly marked prior to the arrival of Glorious Decor’s work crews. Customer assumes full responsibility for damage to all Facilities. To identify underground facilities, Customer must call one-week prior to installation.

31. Notice of Non-Waiver / Severability:    Any failure of Glorious Decor to insist upon strict performance by Customer as regards any provision of this Rental Agreement shall not be interpreted as a waiver of Glorious Decor’s right to demand strict compliance with all other provisions of this Rental Agreement against Customer or any other person. The provisions of this Rental Agreement shall be severable so that the unenforceability, invalidity or waiver of any provision shall not affect any other provision.