These Terms and Conditions ("Terms") govern all equipment rentals provided by FLOWER POWER RENTALS LLC ("Company") to the individual or entity renting the equipment ("Renter"). By entering into a Rental Agreement with the Company, the Renter agrees to be bound by these Terms.
1. Rental Period and Late Returns
- Duration: The rental period begins on the date and time the Equipment is delivered or picked up by the Renter and ends when the Equipment is returned to the Company.
- Late Fees: If the Equipment is not returned by the agreed-upon time, the Renter may be charged a late return fee of $50 per day until the Equipment is returned.
- Failure to Return: If the Equipment is not returned within three (3) days of the agreed-upon return date, the Renter will be charged the full replacement cost of the Equipment.
2. Payment Terms, Deposits, and Cancellations
- Payment Schedule: Payment for the rental fee must be made in full no later than one (1) day prior to the scheduled delivery or pickup of the Equipment. Accepted payment methods include credit card, debit card, and other methods agreed upon in writing by the Company.
- Remaining Balance Due: If the remaining balance is not paid in full by this 24-hour deadline, the reservation will be cancelled, and the down payment will be retained by the Company as liquidated damages. The down payment is strictly non-refundable, non-transferable, and cannot be used as credit for future bookings.
- Security Deposit: A rental deposit is required to hold the booking and must be paid using a valid credit or debit card. This deposit serves as security for the equipment and is fully refundable within five (5) business days after the Equipment is returned and deemed to be in good working order.
- Cancellation Policy:
- Cancellations 2 Days or More Before the Event: If the booking is cancelled at least two (2) days prior to the scheduled event date, the deposit will be fully refunded.
- Cancellations Less Than 2 Days Before the Event: If the booking is cancelled less than two (2) days before the scheduled event date, the deposit is strictly non-refundable, non-transferable, and cannot be used as credit for future bookings.
3. Credit Card Authorization for Damages
- The Company reserves the right prior to releasing Equipment to conduct a credit card authorization to verify sufficient funds to cover the full replacement cost of the Equipment.
- This authorization does not result in a charge unless the Equipment is returned damaged, lost, or not returned at all. The Renter consents to this authorization and any subsequent charges necessary to cover damages or losses.
4. Equipment Inspection and Acknowledgment
- The Renter acknowledges that all Equipment was inspected and deemed to be in good working order at the time of receipt.
- Any damages or defects must be reported to the Company immediately upon receipt of the Equipment.
5. Prohibited Uses and Renter Responsibilities
- Intended Use: The Equipment shall not be used in any manner inconsistent with its intended purpose, in unlawful activities, or under unsafe conditions (including extreme weather, inadequate supervision, or unauthorized modifications).
- Supervision: If the Equipment is used in the presence of minors, the Renter agrees to ensure that all minors are supervised by a responsible adult at all times.
- No Relocation: The Renter may not relocate, sublease, or loan the Equipment to any third party or to any address other than the originally agreed-upon event location without prior written consent from the Company. Violations will result in immediate termination of the agreement and liability for resulting damages.
6. Equipment Damage, Loss, Cleaning, and Replacement Costs
- The Renter agrees to return all Equipment in the same condition as received, including being clean and free of debris.
- If Equipment is returned in a dirty or unsanitary condition, the Renter will be charged a cleaning fee at the discretion of the Company.
- In the event of damage, loss, or theft, the Renter authorizes the Company to charge the credit card on file for the full cost of repair or replacement, as determined solely by the Company. Charges will be processed within five (5) business days of return, and an itemized invoice will be provided.
7. Liability Waiver and Assumption of Risk
- The Renter assumes all risks and responsibilities associated with the use, operation, and possession of the Equipment, including safe and proper setup and supervision.
- The Company, its owners, employees, and agents shall not be held liable for any injuries, damages, or losses arising from the use or misuse of the Equipment, regardless of cause.
- In no event shall the Company’s liability exceed the total rental fees paid by the Renter. The Company shall not be liable for incidental, indirect, or consequential damages of any kind.
8. Indemnification Clause
- The Renter agrees to indemnify, defend, and hold harmless the Company, its employees, and agents from any claims, damages, losses, or legal expenses resulting from the use of the rented Equipment, including claims of injury or property damage.
9. Force Majeure
- The Company is not responsible for delays, cancellations, or damages caused by events beyond its reasonable control, including acts of God, severe weather conditions, or government restrictions.
10. Governing Law, Venue, and Legal Fees
- These Terms shall be governed by the laws of the state in which the Company is registered. Any disputes will be resolved in the courts of the Company’s jurisdiction.
- The prevailing party in any legal dispute or collection action shall be entitled to recover reasonable attorney fees, court costs, and collection expenses.
11. Agreement Duration and Updates
- These Terms remain in effect for 365 days from the date of signing/acceptance and shall apply to any and all Equipment rentals by the same Renter during that period unless otherwise terminated or amended in writing.
12. Miscellaneous Provisions
- Authority: If the Renter is an entity or organization, the individual accepting these Terms represents and warrants that they have full authority to bind the entity.
- Marketing: Renter grants the Company permission to use photographs or videos taken during the rental period for marketing or promotional purposes unless otherwise requested in writing.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.