Rental Terms & Conditions

RC Special Events (“RCSE”) Terms and Conditions

PARTIES AND INCORPORATION. RCSE is the Lessor of the personal property described on the front side of your rental contract (referred to as the “Property”). The person(s) signing this rental contract, and the person(s), business or entity on whose behalf this contract is signed are collectively called the “Lessee” herein, who shall be personally and jointly obligated under the terms of this contract. These Terms and Conditions are fully incorporated into and a part of this rental contract.

LEGAL EFFECT. Lessee’s signature on the front of your rental contract constitutes a legal and binding contract between RCSE and the Lessee for the rental of the Property, pursuant to the terms and conditions of this rental contract. This is a bailment and is not to be construed as a sales contractor as a conditional sales contract. RCSE is renting the Property to Lessee only. Lessee has no rights in or to the Property by virtue of this contract other than as stated herein, and no rights under this contract may be transferred to Lessee without RCSE’s written consent. The Property shall remain personal property at all times, regardless of how it may be used with or annexed to realty.

PAYMENT. Full payment or Partial payment as indicated on the contract, is due at the time of the rental of the Property is reserved and upon receipt of a signed contract. A minimum 50% deposit is required to reserve the Property. Cancellation within 30 days of delivery of the Property results in loss of 50% deposit which is used as a restocking fee, recognizing that the Property could have been rented elsewhere. If Lessee cancels the rental of the Property within seven business days of the delivery date of the Property, Lessee shall not be entitled to any refund of amounts paid on the contract, and RCSE may charge Lessee for the full-unpaid amount of the rental contract, which Lessee agrees to pay. Unless prepaid, all amounts on the rental contract are due and payable in full seven days prior to delivery of the Property. Any amount remaining due and unpaid thereafter, including additional charges as permitted under this contract, shall be invoiced to Lessee, and such amount is due upon receipt of invoice. Any amount remaining unpaid after 30 days after the same are due and payable shall accrue interest at the rate of 1.75% per month (21% per annum), which Lessee agrees to pay. Lessee further agrees that RCSE may, in the event of such late payment, and at RCSE’s sole discretion, revert all past due charges or fees to its customary daily rate and that RCSE may charge interest on all past due charges or fees at a rate of the lesser of 21% per annum, or the highest rate permitted by law. If any discounts or sponsorship amounts have been included as part of any agreement those amounts will be removed should payment terms not be met by Lessee and contract will revert to full value plus any of the above costs.

INSPECTION, CONDITION, AND USE. Lessee acknowledges that Lessee has had adequate opportunity to personally inspect the Property prior to taking possession of or using the Property, and that it is in good order and repair, except for any matters specifically noted in writing on the front of the contract. Lessee acknowledges that Lessee has received adequate written and verbal instruction on the safe operation and use of the Property, and has received adequate warning as to any dangers in the operation and use of the Property which are obvious or readily apparent. Lessee shall allow only competent and qualified persons to operate or use the Property. Lessee agrees that in the event the Property fails for any reason, Lessee is responsible, at Lessee’s own expense, for discontinuing its use, notifying RCSE, and transporting the Property to RCSE. Lessee acknowledges that under no circumstances is Lessee authorized by RCSE to incur any expenses on RCSE’s account for the repair or replacement of Property.

DELIVERY, PICK-UP, AND RETURN OF PROPERTY. RCSE provides delivery and pickup services. Lessee grants RCSE and its agents and employees the right to enter Lessee’s premises for the purpose of delivery, installation, and pick-up requested by Lessee or required of RCSE. RCSE is not responsible either to set up or to take down the Property unless otherwise agreed to by the Lessee and RCSE in their contract, all for an additional charge. If this service is required, arrangements must be made by Lessee with RCSE at least seven (7) business days prior to delivery. Delivery is made to the closest point the RCSE vehicle can park. Delivery and pick-up will be to ground level only. Extra charges may result from any required deliveries to other floors, elevator use, or additional time involved for excess travel from truck to event location, typically when in excess of 30’. Lessee shall provide access for delivery and pick-up of Property at the times agreed upon in order to ensure availability of Property. An additional charge shall be assessed for lack of access at the agreed-upon times for delivery and pick-up. Chairs and tables shall be delivered stacked and/or bagged; they must be stacked and bagged by Lessee for pick-up. Additional charges apply for any setup and take-down. If Lessee wishes to transport the Property itself, Lessee is responsible for all damages to the Property as a result of RCSE loading and unloading Property into Lessee’s vehicle(s), and Lessee assumes the risk of damage to its vehicle and shall be responsible for all corresponding damages to the Property. At the termination of this contract, Lessee shall return all the Property and/or, as applicable, make it easily available for RCSE’s pick up of the Property, with the property to be in the same condition and repair as when delivered to the Lessee. Lessee shall be liable for all damages to or loss to the Property. Lessee agrees to pay all additional charges for cleaning or repair upon return by the Lessee, and, further, if the Property is lost or damaged, including, but not limited to, damage to a tent occurring by reason of Lessee cooking underneath or near the tent, Lessee will pay the RCSE the full cost of replacement or repair of the lost or damaged Property, as reasonably determined by the RCSE. Lessee may be assessed extra charges for additional labor costs and delays incurred in the return of the Property. Where Lessee picks-up and returns items to an RCSE location Lessee assumes full responsibility for all damages to the Property as a result of loading and unloading into Lessee vehicle and will not hold RCSE responsible for any issue resulting from the pick-up, load, unload, and return activities.

CARE OF PROPERTY. Lessee agrees to pay all costs and expenses associated with the use, operation, and possession of the Property, including, without limitation, the payment of all required permits, licenses, and taxes. The Property subject to this contract includes all replacement parts, additions, substitutions, attachments, and accessories. Lessee agrees to keep the Property at all times in Lessee’s custody at the address specified on the front of this contract. Lessee shall not permit the Property to be used for any purpose for which is not designed or intended, or to be neglected or abused. Lessee agrees that the Property will be used only at the address and for the time period designed herein, and solely for those purposes and in the manner for which the Property is manufactured and intended. Lessee shall protect the Property from the elements during the time of delivery, use, storage, and waiting period before pick-up. Lessee shall rinse and re-pack dinnerware (flatware, glassware, china, and serving pieces) and return them in the boxes or containers in which they were delivered.

TIME OF RETURN. Lessee’s right of possession of the Property terminates on the expiration of the rental period. Retention of possession after this time constitutes a material breach of Lessee’s obligations under this contract. TIME IS OF THE ESSENCE. Lessee agrees to pay additional rental charges for any Property not returned or made available for pick-up on time. If Property is not made available for pick-up when scheduled, and Lessee has not made alternate arrangements for pick-up within 72 hours of the scheduled pick-up, RCSE, at its sole discretion, may report Property stolen.

DAMAGED, LOST, STOLEN, OR DIRTY PROPERTY. Lessee assumes all risk of loss to the Property as an insurer, regardless of cause, ordinary wear and tear expected. Lessee agrees to pay or reimburse RCSE on the return of the Property for all charges incidental to all breakage, shortages, loss, theft, damage, or cleaning. Property not returned when due, or damaged beyond repair will be paid for by Lessee at the fair market value of the Property when rented. Lessee is responsible for paying for the cost of repairs to the Property, whether performed by RCSE or by another party, at RCSE’s option.

DAMAGE WAIVER. Included in the cost of the rental of the Property is a damage waiver charge (DWC). RCSE agrees to waive any claim against Lessee for ACCIDENTAL damage to Property rented under this contract provided Lessee takes reasonable precautions to protect the Property and complies with all terms and conditions of this contract. The DWC does not cover damage caused by lack of care and Lessee assumes the risk of loss from vandalism, malicious mischief, theft, mysterious disappearance, wrongful conversion overloading or exceeding rated capacities, misuse, carelessness, neglect, or abuse. DWC IS NOT INSURANCE. Lessee shall submit to RCSE a police report on all losses claimed under the DWC. The DWC is secondary to insurance, which Lessee is obligated to maintain to protect the Property from damage or loss. DWC does not apply to linen damage; specifically burn holes, wax stains, or other difficult-to-remove marks.

SITE PREPARATION. Lessee shall have the site upon which any Property is to be installed, placed, or erected cleared and free of all obstacles, natural or man-made, prior to the installation, placement, or erection of the Property. The area shall be cleared completely before the date and time of the Property is to be removed. Lessee shall pay an additional charge for failure to have the site prepared and ready for set-up or take-down. Lessee shall be present or have a representative present at the time of setup. Lessee shall be responsible for obtaining and paying the cost of all necessary permits, licenses, and consents from appropriate business and government agencies, and to furnish RCSE with copies. If requested, for additional service charges, RCSE will obtain, if allowed by the appropriate authority, the necessary permits, licenses, and consents for the installation of the Property.

SUBSURFACE CONDITIONS. RCSE will contact the appropriate authorities in advance before the set-up of any Property that involves subsurface disturbance, from the driving of tent stakes or otherwise, to permit the location and marking of underground utilities. Lessee agrees to comply fully with the UNCC requirements in place at the time of renting the Property. Lessee shall assume full responsibility and risk for any damage to all underground utilities or other facilities and shall identify and hold RCSE harmless from such damage.

WEATHER-RELATED RISKS. Lessee assumes all weather-related risks involved in holding an outdoor event. Tents are temporary structures and could collapse during a severe rain, snow, or wind storm. Tents should be evacuated in high winds, heavy snow, or extreme lightning or rain. Weather-related delays or risks shall not relieve Lessee’s obligation to pay all rental charges under the rental contract.

TENT STAKING. Lessee shall provide a suitable surface for the erection of any tents rented. Lessee assumes all risk and liability for holes, cracks, or other damage to concrete, asphalt, or any other surface or subsurface upon which a rented tent or other structure has been erected. RCSE does not recommend the use of water barrels or cement weights as anchors for any temporary structure and lessee agrees to assume all liabilities that may arise from the use of water barrels and/or cement weights as anchors.

RIGHT OF INSPECTION. RCSE shall at all times have the right to enter any premises where Property and other related items may be located, for the purpose of inspecting them, verifying proper installation, observing their use, and removing them from the premises.

EXCUSED PERFORMANCE. RCSE’s performance under this contract will be excused and may be delayed or modified without liability to RCSE, in the event of severe weather conditions, strikes, labor disputes, riots, accidents, natural disasters, or other acts of God, or due to other factors or circumstances beyond the reasonable control of RCSE. In such event, RCSE will use its best efforts to provide substitute services as close as reasonably practicable to the services specified herein, subject to Lessee’s written approval.

LIGHTING AND POWER. Lessee shall furnish RCSE access to, and the right to use, Lessee’s electrical and power lines for installation and operation of the Property.

PROPRIETARY RIGHTS. The ideas, concepts, designs, suggestions, price quotes, and other information (the “information”) contained in this proposal belong to RC Special Events (RCSE). If this contract is provided as a bid, the information submitted to the Lessee is for the sole purpose of helping determine whether Lessee wishes to engage RCSE’s services. Lessee agrees not to copy, use, or disclose the information to anyone other than for this purpose. Lessee agrees to return this proposal upon request.

EXCLUSION OF WARRANTIES. LESSEE HAS THE NECESSARY SKILL AND EXPERTISE TO PROPERLY USE AND OPERATE THE PROPERTY. LESSEE HAS MADE THE SELECTION OF AND DECISION TO RENT THE PROPERTY BASED SOLELY ON LESSEE’S OWN JUDGMENT. RCSE IS NOT THE MANUFACTURER OF THE PROPERTY OR THE AGENT OF THE MANUFACTURER OF ANY OF THE PROPERTY, AND NO WARRANTY AGAINST PATENT OR LATENT DEFECTS IN MATERIAL WORKMANSHIP OR CAPACITY IS GIVEN. RCSE MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EXPRESS OR IMPLIED. THERE IS NO WARRANTY THAT THE PROPERTY IS SUITED FOR LESSEE’S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS, NOR ARE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, MADE BY RCSE. THE PROPERTY IS LEASED, WITH ALL FAULTS, “AS-IS.” LESSEE’S SOLE REMEDY FOR ANY FAILURE OR DEFECT IN THE PROPERTY IS THE TERMINATION OR REFUND OF THE RENTAL CHARGES AT THE TIME OF THE FAILURE PROVIDED THAT LESSEE NOTIFIES RCSE IMMEDIATELY OF SUCH FAILURE, AND RETURNS THE PROPERTY OR MAKES IT AVAILABLE TO RCSE FOR PICK-UP AS SOON AS REASONABLY POSSIBLE AFTER SUCH FAILURE. RCSE SHALL NOT BE LIABLE FOR, AND LESSEE SPECIFICALLY WAIVES THE RIGHT TO RECOVER ANY LOST PROFITS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.

INSURANCE. Lessee shall maintain, at Lessee’s sole expense, sufficient liability, property, and casualty insurance coverage in amounts necessary to fully protect RCSE and the Property against all claims, loss, or damages, of whatever nature or type. Upon request by RCSE, Lessee shall present to RCSE, prior to the performance of any services here under, a certificate of insurance showing such coverage.

ASSUMPTION OF RISK/INDEMNITY/RELEASE OF LIABILITY. Except as may otherwise be provided in this contract Lessee assumes all risk of any kind in the use, operation, and possession of the Property, including all risk of loss or damage to the Property, or to persons or other property. Lessee agrees that RCSE shall not be liable for any damages, claims, or causes of action whatsoever, for any injury, loss, cost, or expense, whether to person or property, and whether for loss of time or any other loss arising from the use of or in any way connected with, the Property or any part thereof, from whatever cause, while out of the possession of RCSE. Lessee agrees to indemnify and hold RCSE, its officers, directors, employees, and agents harmless for any and all liability of any nature whatsoever arising out of or associated with the use, maintenance, and/or return of the Property. Lessee further agrees to indemnify and hold RCSE, its officers, directors, employees, and agents harmless for all damages to third persons or their property resulting from Lessee’s possession, use, or operation of the Property, including any and all attorney’s fees and costs associated with any claims arising from such damages. Lessee agrees, in the event of a theft collision, or other accident involving the Property, to furnish RCSE with a copy of any police reports prepared in connection with the theft, collision, or accident, and further that the Property will only be used by Lessee or other person specifically designed herein, and not other person without the express written consent of RCSE. Lessee shall pay all expenses incurred by RCSE, including reasonable attorney’s fees and costs, to enforce this contract, or in collecting any rent or other fees or charges provided for herein, or in repossessing the Property.

COMPLIANCE WITH LAW. Lessee shall, at its sole expense, comply with all federal, state, and local laws, regulations, and ordinances that may apply to or affect the Property and its use while in Lessee’s possession, including, without limitation, the Occupational Safety and Health Administration Act, as amended (OSHA). RCSE shall not be held responsible for any liability or expense resulting from any actual or asserted violations of such laws, regulations, and ordinances, and Lessee shall indemnify RCSE and its officers, directors, employees, and agents accordingly.

WAIVER. RCSE’s failure at any time to require strict performances by Lessee of any contract provision shall not constitute a waiver thereof or diminish RCSE’s right thereafter to demand strict compliance. No waiver by RCSE shall be effective unless in writing and signed by an authorized representative of RCSE.

ASSIGNMENTS, SUBLEASES, AND LOANS. RCSE may assign its rights and obligations under this contract. Lessee shall not assign Lessee’s rights or obligations here under, nor sublease or loan the Property without RCSE’s written consent, which may be denied for any reason in RCSE’s subjective discretion.

ENTIRE AGREEMENT. This rental contract, including without limitation these Terms and Conditions, is the entire agreement between RCSE and Lessee. There are no oral or other representations, promises, or agreements except as stated herein. This agreement cannot be changed except in writing signed by the parties.

SEVERABILITY. If any provisions of this contract or the application thereof to any party or circumstance is held invalid or unenforceable, the remainder of this contract and the application thereof will not be affected thereby and shall continue in full force and effect, the provisions of this contract being severable in any instance, separately and independently supported by adequate consideration, and separately enforceable.

APPLICABLE LAW AND JURISDICTION. This contract is entered into the State of Colorado and shall be interpreted and enforced according to the laws of the State of Colorado. Lessee agrees that a court of competent jurisdiction sitting in Larimer or Boulder County, Colorado, shall have exclusive jurisdiction, including personal jurisdiction, and shall be the exclusive forum for any and all controversies and claims arising out of or relating to this contractor a breach thereof. Lessee acknowledges reading and comprehending the following:

Colorado Revised Statutes § 18-4-402:THEFT OF RENTAL PROPERTY (1) A person commits theft of rental property if he: (a) Obtains the temporary use of the personal property and another, which is available only for hire by means of threat or deception, or knowing that such use is without the consent of the person providing the personal property, or (b) Having lawfully obtained possession for temporary use of the personal property of another which is available only for hire, intentionally fails to reveal the whereabouts of or return said property to the owner or his representatives or to the person from whom he has received it within seventy-two hours after the time at which he agreed to return it. (c) Theft of rental property is a class 2 misdemeanor where the value of the property involved is fifty dollars or more and is less than two hundred dollars. (d) Theft of rental property is a class 4 felony where the value of the property involved is more than two hundred dollars.