Rental Agreement

RENTAL AGREEMENT

PRELIMINARIES

This rental agreement, or the “Agreement,” governs your client relationship with Mortal Tree Design, Inc dba Gate Way Flora, also known as “We,” “Us” or “GWF.” By accepting it electronically or otherwise, you, or the “Client,” agree that you’ll rent the equipment enumerated within the separate contract invoice that we provide you per that document’s terms and this Agreement’s conditions, including:

BOOKING, PAYMENTS AND REFUNDS

You must pay the reservation cost in full to confirm your rental booking. If you need to cancel an already-booked reservation, you agree to pay cancellation fees amounting to:

• 50 percent of the contract price when you cancel earlier than three days before your scheduled delivery time, or

• 100 percent of the contract price when you cancel within three days of your scheduled delivery time.

You agree that once we’ve dispatched rentals from the GWF warehouse, refunds won’t be granted under any circumstances. You also agree that you’ll pay for all of the services and equipment that we provide, including any damages, losses or modifications that you or your agents make.

RENTAL DELIVERY

Arches currently include delivery, setup and pickup in their listed 24 hour rental fee. If your event is over one (1) hour from our office at:

1044 Battlesburg st SW East Sparta, Ohio 44626

please contact us for delivery fee. Generally it will be $50 added to the 24 hour rental fee.

Add ons such as flowers, chair, laser projector, can generally be delivered with an arch order without increased fees. We reserve the right to request a reasonable fee if we deem necessary for large orders.

Orders that do not include arches must be $300 or more to qualify for delivery. The same policy and fees apply to deliveries over one (1) hour from our main office.

CLIENT RESPONSIBILITIES

Upon receiving a delivery, you or your duly authorized agent must verify it in person. You agree to sign off with a GWF staff member acknowledging your receipt of the delivery and assumption of responsibility for the equipment.

If you receive equipment in a damaged or otherwise unusable state, you agree that you’ll provide GWF with written or telephone notification before your event commences. You also waive your right to seek refunds or any other credits for such rentals if you fail to notify GWF of the problems in writing before the event. You acknowledge that GWF won’t accept order modifications or equipment exchange requests after our delivery representatives have vacated the drop-off location.

GWD’S RESPONSIBILITIES

You acknowledge that GWF isn’t responsible for breaches of the contract timeframe that are beyond our control, including traffic accidents, vehicular failures, regional security or any “acts of god”. The delivery schedule included in your contract is an approximation that doesn’t constitute a guarantee.

The descriptions of the equipment that you rent may not perfectly match what you receive due to faulty assumptions or incomplete review of images provided, prior usage and other factors. GWF may also substitute rental equipment for other functionally similar offerings at our sole discretion. In any case, GWF welcomes whatever amount of communication necessary to ensure you are satisfied with your rental.

ACCEPTABLE RENTAL USAGE

You agree not to sublease, rent out or otherwise attempt to loan for remuneration any equipment that you rent from GWF. Please direct interested friends and family to work directly with us.

YOUR RESPONSIBILITIES CONCERNING DAMAGED EQUIPMENT

During the rental period, you agree that you’ll cease using the equipment as soon as it becomes unsafe or you observe it in a state of disrepair. You’ll notify GWF of the hazard immediately and continue taking reasonable steps to prevent persons and properties from sustaining injury or damage until our representatives personally relieve you of responsibility for the items.

LOSS, DAMAGE AND DESTRUCTION FEES

If any equipment suffers damage, loss or destruction, you agree to pay GWF the entirety of the necessary costs to replace it at retail value. GWF may let you pay the repair expenses for compromised goods at our sole discretion if we deem it possible and practical to restore them to their original pre-rental state.

We reserve the right to charge $100 service fees for each occurrence of damage, including intentional modifications such as stapling, gluing or nailing. We’ll also bill you for any items that require excessive cleaning.

CHARGES AND EXTENSIONS

Except for deliveries made on Fridays, we assess rental rates in 24-hour increments. You may request an extension of your rental period by contacting us in writing and obtaining our written approval beforehand. You agree to pay supplemental overtime rates while you retain possession of the equipment, but we may waive these additional charges for Friday deliveries that you extend until the following Monday.

AFTER RENTALS

At the end of the rental period, you must return all of the equipment in a state identical to how you originally got it. You must:

• Remove any cloth, florals, glitter or other event additions, restoring the piece to its original state on delivery.

• Wash or remove any wax, dirt, smoke stains, icing or food residues that may have inadvertently or purposefully been applied, returning the item to its original state on delivery.

• If we have discussed returning florals to GWF for composting, florals may remain, but any other alterations must be remobed or cleaned.

You agree to return the equipment to the GWF warehouse yourself if it’s in such a state that prevents pickup at the appointed time and place. We will have to charge extra if you need us to retrieve any equipment outside of the original contract terms.

POST-RENTAL ACTIONS

Within no more than two business days following the pickup date, GWF will furnish you with an invoice that details missing and damaged equipment. If you can’t locate missing equipment within 24 hours of receiving of such notice, you authorize us to automatically process a payment to the credit card that you provided.

LEGAL

If claims for damages, injury or loss arise concerning the equipment, its use, transportation, keeping, malfunction or loading, you agree to indemnify GWF. You also acknowledge that you’re solely liable for any charges related to such claims or contract terms, including collection fees, attorney or court costs and expenses that GWF incurs while enforcing this Agreement.

By accepting this Agreement, you consent to its terms and conditions in full, and you acknowledge that they pertain to all GWF invoices regardless whether such documents include their own terms.

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