Terms and conditions

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Responsibility for Use, Assumption of Risk, and Disclaimer of Warranties:

By renting equipment from Rosebel Event Rentals LLC, you acknowledge and accept full responsibility for the care, custody, control, and use of the rented items during the rental period. You understand and agree that the use of such items carries inherent risks, and you voluntarily assume all risks associated with their transportation, installation, operation, use, maintenance, and storage.

You further agree to indemnify, defend, and hold harmless Rosebel Event Rentals LLC, its owners, officers, employees, and agents, from and against any and all claims, demands, actions, losses, liabilities, damages, injuries (including death), penalties, fines, costs, and expenses (including legal fees) arising out of or related to the possession, use, or misuse of the rented equipment. This includes, but is not limited to, any such incidents resulting from:

• Operator error or misuse;
• Improper installation or handling;
• Mechanical or structural failure;
• Defects or deficiencies in the equipment, whether known or unknown;
• Negligence on the part of Rosebel Event Rentals LLC, in whole or in part.

This release and indemnity apply regardless of whether the incident in question is alleged or found to be caused in part by the negligence or fault of Rosebel Event Rentals LLC.

Disclaimer of Warranties:

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL EQUIPMENT IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. ROSEBEL EVENT RENTALS LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No oral or written statement by any representative of the Company shall be interpreted as a warranty or guarantee of any kind.

Equipment Failure:

You agree to immediately cease using any rented equipment if, at any time during the rental period, the equipment becomes unsafe, malfunctioning, or is in a state of disrepair. Upon identifying any such issue, you are required to notify Rosebel Event Rentals LLC within one hour (or less) of discovering the problem, providing a clear and detailed description of the situation.

Upon receipt of this notice, Rosebel Event Rentals LLC will, at its sole discretion, take reasonable steps to address the issue. These steps may include, but are not limited to, one or more of the following actions:

• Repairing the faulty equipment to restore its functionality as soon as possible;
• Replacing the defective item with an equivalent or similar item, provided availability allows;
• Offering a replacement item at a later time, should immediate replacement not be possible; or
• Adjusting the rental charges accordingly, based on the equipment's availability and use.

It is understood that these provisions do not relieve the customer from their contractual obligations, including payment for the rental period and any other responsibilities outlined in the agreement.

Furthermore, Rosebel Event Rentals LLC shall not be held liable for any injuries, damages, or losses arising from the failure, malfunction, or defect of the rented items. This includes any failure to repair, replace, or adjust the equipment in a timely manner, as well as any consequences of continued use of the faulty equipment after the customer has been made aware of the issue.

Rental of Tents and Responsibility for Safety:

Tents are temporary structures designed for short-term use and may not provide adequate protection in extreme weather conditions. Rosebel Event Rentals LLC makes every effort to install the rented tent(s) in a safe and secure manner. However, tents are susceptible to damage and may pose safety risks during adverse weather or external conditions, including but not limited to: strong winds, heavy rain, lightning, snow, earthquakes, and other natural or environmental factors.

While tents are engineered to provide shelter under normal conditions, Renter acknowledges and agrees that the safety and structural integrity of the tent may be compromised under extreme or inclement weather. The tent structure is not designed to withstand high winds, severe storms, or any weather event that exceeds typical conditions.

Renter's Responsibilities:

1. Monitoring Weather Conditions: The Renter is solely responsible for monitoring weather forecasts, warnings, and real-time conditions during the rental period, especially conditions that may affect the safety of the tent, such as wind speed, storm warnings, or other extreme weather patterns.
2. Decision-Making Regarding Safety: If weather or external conditions deteriorate to the point where the tent may pose a safety risk to persons or property, Renter agrees to immediately assess the situation and take appropriate action. This may include, but is not limited to:
   • Evacuating the tent and surrounding areas;
   • Temporarily securing the tent or reinforcing the structure as needed;
   • Contacting emergency services if necessary.

1. Liability for Safety: Renter assumes full responsibility for the safety of all persons and property within the tented area. This includes ensuring that all occupants are aware of the potential risks and are instructed on how to act in the event of severe weather or dangerous conditions.
2. Evacuation Procedures: In the event of dangerous weather or a situation that compromises the safety of the tent structure, Renter agrees to take immediate action to evacuate all persons from the tent and surrounding area. Rosebel Event Rentals LLC is not liable for any injury, damage, or loss resulting from the failure to evacuate or respond appropriately to unsafe conditions.
3. No Guarantee of Protection: Rosebel Event Rentals LLC does not guarantee the tent will remain safe or functional in extreme conditions, and Renter acknowledges that the risk of structural failure or other hazards increases during adverse weather. The Renter assumes full responsibility for these risks and agrees to hold Rosebel Event Rentals LLC harmless for any damages, injuries, or losses that may arise from weather-related incidents or other external conditions.

Cooking and Fire Pits Under Tents:

The customer acknowledges and accepts full responsibility for any damages, injuries, or losses arising from the use of cooking equipment or fire pits under tents. This includes, but is not limited to, damage to the tent structure, surrounding property, or any other materials. The customer agrees to bear all costs associated with the repair, replacement, or restoration of any affected property, including but not limited to the tent, flooring, or nearby structures. Additionally, the customer is solely liable for ensuring all fire and cooking activities are conducted in a safe and compliant manner, adhering to any local fire safety regulations and guidelines. The event organizer is not responsible for any accidents or damages resulting from the use of fire or cooking equipment within the tented area.

Use of Equipment:

Renter acknowledges and agrees to accept full responsibility for the proper and safe use of all equipment rented from ROSEBEL EVENT RENTALS LLC. By signing this agreement, the renter affirms that they are satisfied with the condition, functionality, and instructions provided for the rented equipment. The renter further confirms that they are either already familiar with the proper operation of the equipment, or have been thoroughly instructed on its use by ROSEBEL EVENT RENTALS LLC.

The rented items are to be used solely at the address listed in the contract, and exclusively for the purpose for which they were designed and intended. Renter agrees that subleasing, transferring, or lending the equipment to any third party is strictly prohibited. Any use of the rented equipment for purposes other than those specified is not allowed.

Renter also agrees to review, understand, and follow all provided instruction manuals, operating guidelines, and safety warnings associated with the rented items before use. Failure to adhere to these instructions may result in damage to the equipment, injury, or forfeiture of the rental deposit.

Restriction on Equipment Relocation:

Once equipment has been set up at the designated location, it is strictly prohibited to move or adjust it under any circumstances. This policy is in place to prevent potential damage to the equipment and to ensure the safety of all individuals involved. Unauthorized relocation or adjustment of equipment may result in malfunction, injury, or further damage, for which the renter will be held financially responsible.

Any necessary relocation, repositioning, or adjustments to the equipment must be performed exclusively by a ROSEBEL EVENT RENTALS LLC setup specialist. Only authorized personnel have the training and knowledge to handle the equipment properly and safely.

Should the renter request any last-minute changes to the setup, including but not limited to moving equipment or making adjustments outside of the originally agreed-upon terms, an additional fee will be charged. This fee will cover the costs of transportation, time, and labor required to make the necessary modifications. The renter agrees to pay this fee promptly upon request.

Weather-Related Equipment Removal and Reimbursement Policy:

In the event that outdoor event equipment has been set up by ROSEBEL EVENT RENTALS LLC, and unforeseen weather conditions, including but not limited to rain, storms, high winds, or other adverse weather events occur, the Company will take immediate action to remove or secure the affected equipment to prevent damage or ensure the safety of both the equipment and event attendees. This may include, but is not limited to, tents, lighting, sound systems, tables, chairs, and other items that may be vulnerable to weather conditions.

• Reimbursement for Affected Equipment: If the equipment must be removed or becomes unsafe due to weather, ROSEBEL EVENT RENTALS LLC will reimburse the Client 20% of the rental cost for the specific equipment that was affected or removed. This reimbursement is calculated based on the rental cost of the affected equipment only, and does not include any additional fees, such as delivery, setup, labor, or non-rental services.
• Exclusions from Reimbursement: The reimbursement will not apply in the following cases:
  • If the Client failed to properly secure or anchor the equipment to prevent damage from weather.
  • If the Client chose to continue using the equipment despite being advised of unsafe conditions.
  • If the weather event was foreseeable and the Client proceeded with the event setup without taking necessary precautions.

Client Responsibility for Weather-Related Damage:

The Client is required to notify ROSEBEL EVENT RENTALS LLC of any unforeseen weather conditions or weather-related risks that may potentially damage or affect the rented equipment. This includes, but is not limited to, unexpected rain, storms, high winds, or any severe weather eventthat could compromise the safety and functionality of the equipment.

• Notification Requirement: If the Client becomes aware of any impending adverse weather conditions during the event, they must immediately inform ROSEBEL EVENT RENTALS LLC. This allows the Company to assess the situation, provide guidance, and take appropriate action to prevent damage to the equipment.
• Failure to Notify and Continued Use of Equipment: If the Client chooses to continue using the rented equipment in the face of weather conditions that could damage it, without notifying ROSEBEL EVENT RENTALS LLC, the Client will assume full responsibility for any resulting damage or destruction of the equipment.
• Liability for Damaged Equipment: In such cases, the Client agrees to pay 100% of the cost for any damaged or destroyed equipment, including repair, replacement, and labor costs. This applies even if the damage was caused by weather conditions that were foreseeable or advised against by ROSEBEL EVENT RENTALS LLC.

Weather-Related Risk and Equipment Removal Policy (50% Forecasted Chance) – Client Notification Requirement:

In the event that weather conditions are forecasted to have a 50% or greater chance of occurring—such as rain, storms, high winds, or other adverse weather—and the Client decides to proceed with the setup despite the potential risk, ROSEBEL EVENT RENTALS LLC will follow the procedures outlined below:

1. Client’s Decision to Proceed

If the Client chooses to move forward with the equipment setup despite the forecasted weather risks, the Clientacknowledges and agrees to assume responsibility for any weather-related risks. ROSEBEL EVENT RENTALS LLCwill proceed with the setup only upon explicit consent from the Client, understanding that this may expose the equipment to potential damage.

2. Actions in Case of Weather Event

If adverse weather conditions occur, ROSEBEL EVENT RENTALS LLC will take the following actions:

• If Weather Conditions Occur Before Setup: If the forecasted weather happens before the setup, ROSEBEL EVENT RENTALS LLC will cancel or delay the setup to avoid unnecessary risk to the equipment.
• If Weather Conditions Occur After Setup: If the weather conditions manifest after the setup, ROSEBEL EVENT RENTALS LLC will immediately remove the affected equipment to prevent damage or ensure safety.

3. Client Notification Requirement

In the event that ROSEBEL EVENT RENTALS LLC is not present at the event location when adverse weather conditions arise, it is the Client's responsibility to promptly notify ROSEBEL EVENT RENTALS LLC of any weather-related risks or actual weather events that could threaten the safety or integrity of the rented equipment.

• Timely Notification: The Client must contact ROSEBEL EVENT RENTALS LLC as soon as possible by phone or email if they observe weather conditions that could potentially cause damage or pose a safety risk, especially if ROSEBEL EVENT RENTALS LLC is not on-site.
• Failure to Notify: If the Client fails to notify ROSEBEL EVENT RENTALS LLC of adverse weather conditions, and the equipment is damaged as a result, the Client will be held fully responsiblefor the 100% costof repairing or replacing the damaged items.

4. Reimbursement and Liability

• Reimbursement for Affected Equipment: If the equipment is removed due to weather, the Client will be eligible for a 20% reimbursement of the rental cost for the specific equipment that was affected or removed. This reimbursement applies only to the affected equipment and excludes delivery, setup, or other services.
• Liability for Weather-Related Damage: If the Client continues to use the rented equipment in unsafe weather conditions without notifying ROSEBEL EVENT RENTALS LLC, the Clientassumes full responsibility and agrees to pay 100% of the costs to repair or replace any damaged equipment.