Coastal Maine Canopies Term & Conditions
Assumption of Risk
The Client assumes full responsibility of any rented item upon taking possession of the item or upon its delivery or installation, and the Client agrees to pay full replacement cost for lost or damaged item(s). Any item(s) rented from Coastal Maine Canopies (“CMC”) will be inspected upon pick up or return of said item(s). CMC will perform this inspection, and CMC will notify the Client by phone within one week of the event, if damages are discovered. Photos of damages will be submitted to the Client upon the Client’s written request. The credit card on file will be billed automatically for any damages, unless other payment arrangements have been agreed to by CMC. If CMC is unable to fulfill any future contractual obligations after the Client’s event due to damages to any rented item(s) sustained during the Client’s rental, the Client agrees to pay CMC two times the lost future rental contractual obligation(s) as liquidated damages, and the Client further agrees that these liquidated damages shall be billed automatically to the credit card on file.
Orders and changes
Emails are considered legal and binding and do not require a signature to be valid. To avoid any confusion, all order and service changes must be made in writing via email. Following CMC’s receipt of the Client’s requested changes, CMC will email the Client a detailed invoice regarding any changes to the Client’s order. Any additional rented items and/or services require an appropriate deposit, and CMC will bill the credit card on file automatically for this additional deposit, unless CMC agrees to other terms. If changes are made on the day of the event, a responsible party must sign for these changes upon CMC’s delivery and pay CMC for these changes with cash, or the credit card on file will be billed automatically.
Length of Rentals
Items rented for weekend events (Friday, Saturday or Sunday) will be delivered, as agreed, on Wednesday, Thursday or Friday, and picked up on the following Monday, Tuesday or Wednesday, unless otherwise agreed upon by both CMC and the Client. Any weekday event will be scheduled as CMC determines, and CMC shall have the right to take down the rented item(s) no later than Thursday, unless CMC and Client have agreed otherwise.
By signing this Agreement, the Client gives their consent to CMC to use photographs (taken onsite after installation or at and during the Client’s event) on CMC’s website and advertisements materials, etc, with the further understanding that the Client will not profit from these photos or CMC’s use of them in any way.
Please be aware that once this Agreement is signed and the Client’s event date scheduled, all other clients, or potential clients, have been refused the Client’s specific rentals and services for their event date, and thus all accepted payments are non-refundable. All services may be cancelled if the Client sends CMC a cancellation request in writing at least (90) days prior to the scheduled event day. In this instance, the Client will forfeit the accepted payments, but it will not be obligated to pay the balance of their invoice, unless the Client has placed a special order for an out of stock item, which CMC purchased specifically for the Client’s event. If the Client has placed a special order for an out of stock item, the Client will be contractually bound to pay the entire balance due on this account under any circumstance. Client agrees that the credit card on file shall be charged automatically for these charges.
Client must pay CMC the final balance due no later than (28) days prior to event (the “due date”). No orders will be scheduled for delivery until full payment is received.
Rental prices are subject to change prior to booking without notice. Price quotes are valid for (7) days. Orders with special pricing must be booked by the date specified. All rental prices are non-negotiable. Bookings are taken on a first come first serve basis. A quote given by CMC does not contractually obligate CMC to hold any items for any length of time. Only upon receipt of Clients 50% NON-REFUNDABLE DEPOSIT is an item considered booked and held for the Client’s event; subject to the “Final Payment” terms and conditions discussed above.
Weather Related Issues
Tents are temporary structures designed to handle most normal weather conditions; however, there may be situations that become unsafe (e.g. high winds or lightning). Evacuation of tents is recommended in these or other unsafe conditions. CMC does not issue refunds for any reason, including bad weather. In the case that bad weather or wind become an issue, CMC reserves the right to refuse or to release such items to the Client. The Client assumes all risks and hardships involved with having an outdoor event. Please discuss “Plan B” with your event coordinator. If, however, the Client chooses to chance the weather, the Client assumes full responsibility for all wind and/or weather damages. If CMC arrives for a delivery and the weather is currently bad or impending, CMC will contact the Client or the designated contact person to discuss options. Please always provide an additional contact name and number should you be unavailable the day of your event. If CMC determines, within it sole and unilateral discretion, that it cannot fulfill Client’s order and release such items to the Client due to currently bad or impending bad weather, the Client and CMC agree that CMC shall return the full contract price to the Client, and this return of payment shall be the Client’s sole and exclusive remedy against CMC in this situation.
The Client is responsible for insuring that the tent site(s) is ready (i.e. lawns mowed, someone onsite knows where to install the tent(s), vehicles out of the way etc.) for installation prior to the agreed upon arrival time. A $3/minute charge will apply to time spent waiting for site preparation or for the agreed upon contact to arrive. Client agrees that the credit card on file shall be charged automatically for these fee charges. For all tent rentals CMC requires the Client to comply with DIG SAFE regulations. The Client is responsible for contacting DIG SAFE in the appropriate timeframe in relation the event. DIG SAFE will mark all underground PUBLIC utilities. If, prior to CMC’s arrival, DIG SAFE has not been properly and timely notified or the site has not been marked properly, CMC reserves the right to refuse installation and the Client forfeits all payments. Client has been informed of DIG SAFE info for the STATE OF MAINE website @ http://www.digsafe.com/data/lawsfiles/Maine_Statue_title23sec3360_A_October_5_2015.pdf And DIG SAFE phone number toll free @ 811.
Client agrees to be onsite or to provide an onsite contact for CMC who is knowledgeable of the existence of any PRIVATE underground utilities, pipes or other underground items (i.e. phone or gas lines, septic system, pool pipes, irrigation lines, etc.), or conditions that may interfere with the ability to stake and/or anchor equipment. The Client assumes full responsibility and assumes all risk, and shall hold CMC harmless, for all damages of any nature, including but not limited to, damage to any underground utilities, pipes or other underground items (i.e. phone or gas lines, septic system, pool pipes, irrigation lines, etc.).
Cleanup & Preparation for Pickup
Any item not belonging to CMC shall be removed from the tent area(s) prior to the agreed upon pickup time. The tent area(s) are defined and include:
-All space under the canopy of the tent(s).
-All space up to and including the ten feet surrounding the tent(s).
All arrangements for removal of items not belonging to CMC are the sole responsibility of the Client. In the case that the tent(s) are not prepared for removal upon CMC’s agreed upon arrival time, CMC shall charge the Client a $5.00/minute fee for removal of such items or a $2.00/minute fee for waiting for removal completion by the Client or a third party. The Client agrees to any such additional charges and Client agrees that the credit card on file shall be charged automatically for these fee charges. The Client assumes full responsibility, and shall hold CMC harmless, for damage of any nature, including but not limited to, items moved from the tent area(s) by CMC.
Final Placement of Tent(s)
Once an item has been installed by CMC, its placement is considered final and neither the Client nor any third party shall move or alter the item in any way. CMC does not authorize any person for any reason to loosen, move, or otherwise adjust any equipment installed by CMC. Should any adjustments need be made, the Client must contact CMC to make these adjustments. CMC is not obligated to make any adjustments unless pictures are provided by the Client showing an inappropriate or unsafe installation method. CMC shall charge the Client significant fees, which CMC shall solely determine, should any hardware belonging to CMC be found to have been adjusted after CMC installed it. The Client is responsible for these fees should they occur, and the Client agrees that the credit card on file shall be charged automatically for these fees.
Subletting & Location
Client will not sublet, loan or assign rental items belonging to CMC. Customer will not move the rental items from the address at which the client represented they were to be used.
Fire Pits and Candles
The Client agrees that fire pits will not be used within (75) feet of any equipment belonging to CMC. The Client agrees that flamed candles higher than (48) inches from ground level will not be used under tents belonging to CMC.
CMC will install all lighting rented by the Client. CMC will provide extension cords sufficient for testing lights prior to setup completion. CMC is not responsible for the distance of the job site from the power supply and will only include enough cord to get (10) feet from the edge of the tent to nearest power supply. CMC will test all lighting prior to completion of its installation, but CMC is not responsible for any bulbs that go out or other lighting difficulties that occur before or during the event.
Credit Card and Related Payment Terms
A valid credit card must be kept on file. In addition to the other possible times stated herein, the Client agrees that CMC will charge this credit card on file if changes are made the day of the event, including but not limited to, added services, labor or additional items that are requested or required. If the Client submits a check that is subsequently returned for non-sufficient funds (“NSF”), the Client will be required to pay all future obligations by cash or credit card. A $50 fee is assessed on all NSF returned checks. Check payments are not accepted the week of the event. A drivers license is required for booking. No installations will be made without having a photograph or photocopy of the signer’s drivers license on file.
Additional Charges may apply, within CMC’s sole discretion, if any of the following occur:
1) The site is not ready or accessible when the CMC crew arrives;
2) The site is more than 100’ away from available parking for CMCs truck;
3) The tent and rented equipment is not ready for prearranged pickup;
4) Delivery or pickups from any location other than ground level (upstairs or downstairs).
5) Customer requires pickups before 8:00a.m. or after 5:00p.m; or
6) The Site requires custom tent installation (i.e. on asphalt, decks, immovable obstructions, etc).
In this instance, a $35/hole fee will be assessed for each anchor point that requires drilling.
Non-Payment/Breach of Contract
CMC shall not provide any services to the Client if the balance due is not timely paid.
•The following circumstances are considered the Client’s breach of this Agreement:
•If payments are not received by the due date, the credit card on file becomes invalid, expires, or CMC is unable to authorize it. Any Client non-payment will be considered a breach of this Agreement, and, in addition to other remedies, all previous Client payments shall be forfeited to CMC.
•If any payment is not received by CMC in a timely manner, CMC will consider the Client in default, and the Client’s previously booked items and services shall be made available for another client’s rent and/or use. CMC is not contractually obligated to accept payments beyond any due date, nor to refund any previous payments under any circumstances; except as otherwise specifically set forth herein.
Law & Litigation
This Agreement shall be governed by Maine Law. If any injury or damage occurs to any person or property, which in any way relates to CMC, this Agreement or any item(s) and/or services CMCs provides to the Client, the Client assumes full and complete responsibility for these damages, and the Client assumes all risk and shall hold CMC harmless for all such damages of any nature, including but not limited to, any and all consequential damages of any nature whatsoever, as well as attorney fees and costs. Client agrees that if any legal proceedings are brought against CMC to recover compensation for injuries to the Client, the Client’s guests, the Client’s invitees or any one else in attendance at the Client’s event or damages to any personal property, the Client will indemnify and hold CMC harmless form these damages and the Client shall pay for CMC’s legal fees and costs incurred by CMC and/or any of CMC’s employees.
RESPONSIBILITY OF AND FOR CMC’s EQUIPMENT REMAINS WITH THE CLIENT FROM THE TIME OF
CMC’s DELIVERY TO THE CLIENT TO THE TIME OF CMC’s PICKUP FROM THE CLIENT.
Please be sure all equipment is secured when not in use and protected from weather.