TERMS & CONDITIONS
For the purpose of this Rental Agreement:
SWFL Rental Company LLC (SWFLRC) shall mean the Rental Company, its owners, officers, directors, and employees;
Customer(s) shall mean Customers, guests/visitors of customer, and their agents, contractors and/or employees.
Rental Agreement shall mean the itemized list of items contained in the electronic estimate or invoice emailed or faxed to the Customer, who by virtue of having signed the estimate or invoice, and/or paid an advance deposit or in full, expresses his or her agreement with the contents of the Estimate or Invoice.
Rental Center shall mean any facility owned or leased by SWFLRC, where the storage, maintenance or transfer of its equipment occurs.
In reference to leasing the rental item(s) / equipment described on the Rental Agreement, it is agreed as follows:
Customer will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage.
Customer agrees to hold SWFLRC harmless from and against any and all liability, claims, judgments, attorneys’ fees and costs of every kind and nature, including, but not limited to, injuries or death to persons and damage of property, arising out of the use, maintenance– installation, operation, possession, ownership, or rental of the items rented, despite cause.
ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY.
Customer is fully aware of and acknowledges that there is a risk of injury, death, or damage arising out of the use or operation of the items contained in the Rental Agreement and hereby elects to voluntarily enter into this Agreement and assume all of the aforementioned risks.
Customer agrees to release and discharge SWFLRC from any and all responsibility or liability from such injury, death, or damage arising out of the use or operation of the rental items. Customer further agrees to waive, release and discharge any and all claims for injury, death, or damage against SWFLRC, which customer otherwise may be entitled to assert.
SWFLRC agrees to reserve all items listed in the Rental Agreement on behalf of the Customer only after the following have been received from the customer.
A non-refundable deposit equal to 50% of the total cost specified in the Rental Agreement
And a signed & dated rental agreement (an online deposit serves as such)
The remaining balance of the rental agreement must be paid 30 days prior to delivery, unless otherwise specified by SWFLRC. If this obligation is not met, SWFLRC reserves the right to either cancel the order without refunding the initial 50% deposit, or apply late payment charges equal to the highest APR allowed by Florida law.
Customer’s right to possession of the rental items:
Is for a single event period. Equipment returned late will be charged for an additional rental period.
Begins when the rental items leave the rental center in the care of the customer, or when the customer accepts and signs for the delivery of the rental items upon delivery.
In the absence of the renter, the equipment may be signed for by an individual designated by the renter. This individual is automatically given the legal right by the renter to accept liability for the equipment on the renter’s behalf.
The rental agreement terminates once SWFLRC has regained possession of the rental equipment.
Any extension of the agreement must be agreed upon by SWFLRC in writing.
Title of the rental items shall, at all times, remain with SWFLRC.
Customer authorizes SWFLRC to retake possession of the rental items without notice or legal process at any time, despite whether the equipment is on private property.
Customer will pay all collection fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract. Any lawsuits that may occur between SWFLRC and their customers must be filed in Lee County and held in Florida Court.
The Rental Agreement may be executed or delivered by fax, or other electronic means such as email. The Rental Agreement is valid whether properly signed by the Customer or not, so long as the Customer takes possession of the rental items. It is also valid if signed by another party signing on behalf of the Customer, in which case the signing party will sign their own name, and then print C/O (Care Of) “Ordering Party.”
SWFLRC reserves the right to refuse to install or deliver rental equipment due to unsafe conditions or weather. If this occurs, Customer will be liable for a minimum of 50% of the total cost specified in the Rental Agreement. In the absence of unsafe weather or other conditions, SWFLRC will use all appropriate means and methods to secure the rental equipment for the safety of the Customer and the equipment.
SWFLRC is not responsible for underground utilities, and charges for time out, whether equipment is used or not. If permission is granted by the Customer to stake anything into the ground at their desired location, then it is the sole responsibility of the Customer to check for underground utilities and water mains.
All customers will provide a 50% NONREFUNDABLE DEPOSIT in order for SWFLRC to reserve their order.
Customers who cancel their orders at any time after a deposit is provided WILL LOSE THEIR DEPOSIT regardless of their circumstances or reasons for cancellation. (COVID update: Customer may sell deposit credit to another bride, inquire for details)
Adjustments to orders pertaining to guest count (number of forks, chairs, etc) can be made until 30 days prior to delivery (except for specialty items – see below). However, any such adjustments shall not reduce the total price of the invoice below the amount of the NON-REFUNDABLE 50% DEPOSIT.
Items reserved cannot be removed without forfeiting the deposit. Deposit cannot be applied to future items.
Specialty items include specialty cut linens, and items that require SWFLRC to manufacture, sub-rent, or purchase equipment or fresh floral. Specialty items are non-refundable once they have been ordered by SWFLRC, or manufacturing of such items has begun
The entire balance of the order is NON-REFUNDABLE within 30 days of the event.
The entire balance of the order is NON-REFUNDABLE if a client fails to pick-up their order.
Late evening, early morning, and exact time pickups can be arranged for additional charges.
Customers must be present for their entire delivery window. SWFLRC will grant a 15 minute waiting period, after which the customer will be charged for waiting time up to $120.00 per hour billed in 5 minute increments.
SWFLRC offers setup/breakdown services of equipment for additional charges.
“Curbside delivery,” is defined as:
Delivery to a ground level location on a flat, hard surface, within twenty five (25) feet of the nearest loading area with no steps or obstructions.
SWFLRC will stack items neatly and securely with reasonable access for the Customer;
All equipment must be re-stacked and made ready for pick up by the Customer in same manner in which it was delivered;
There will be a 2 hour window for both delivery and pickup
SWFLRC may assess additional charges at a rate of up to $120 per hour when delivery conditions cause SWFLRC to incur additional labor costs, including, but not limited to:
deliveries impeded by stairs, elevators, steep or uneven surfaces, standing water, mud, or soft surfaces like sand loose gravel;
deliveries that involve waiting times of more than 15 minutes;
customer requires a precise (to within 15 minutes) delivery or pickup time;
last-minute or rush deliveries or pickups; and/or
Inaccurate delivery locations or directions supplied by the Customer.
If the renter is not available, then SWFLRC may opt to either setup in a manner deemed appropriate by our staff, or we may opt to leave the equipment curbside. In such instances, no refunds will be given, and the customer accepts liability for any losses and damages that may happen to equipment left unsupervised for any reason, including acts of God.
Date changes will be processed as a new reservation and original deposit will be forfeited
If date change is a year or more in advance, there will be a 10% rebooking fee and no loss of deposit.
Date changes are subject to item availability. We cannot guarantee items will be available on new date
Floral design is an art and inspiration photos are used as inspiration and cannot be expected to be copied exactly.
Floral is subject to availability. Any item may be substituted if another cannot be gotten, is in poor condition, or any other reason deemed appropriate by florist.
Floral will be fresh upon arrival, but company is not responsible for condition of floral once in the possession of the client.
An item may be substituted for another similar in form without notifying client.
EQUIPMENT USAGE AND RETURN
Customer is responsible for any loss or damage to rental items regardless of cause or fault, including acts of God, and SWFLRC has 5 days after retaking or receiving possession of rented merchandise to assess its condition and determine whether damage occurred while it was in the possession of the renter.
In such instances, unless the items in question are covered by a damage waiver, the Customer agrees to pay SWFLRC for:
All labor costs associated with repair and/or attempted repair of damaged equipment
Replacement equipment (if necessary)
Replacement of equipment directly related to the normal quality and functionality of the damaged equipment
All shipping or delivery fees associated with the replacement or repair of damaged equipment.
All items must be returned the day the contract ends or they are subject to replacement fees. Broken items must be returned in their broken state or they will be considered stolen. Replacement of lost or damaged items is chargeable to card on file in addition to the damage waiver charge.
SWFLRC may offer discounts at its sole discretion. Any violation by the customer of SWFLRC’s rental contract or Terms and Conditions, including violation of payment terms, will make such discounts null and void.
LOCAL RULES AND REGULATIONS.
Any and all rules and regulations governing an event site must be provided in writing to SWFLRC prior to the delivery of rental equipment. All fines incurred as a result of non-disclosure of such regulations are the responsibility of the customer.