A La Mode Collections
Rental Terms and Conditions
RENTAL TERMS, CONDITIONS, AND RENTAL ORDER ARE IMPORTANT – READ AND SIGN THE FOLLOWING RENTAL TERMS, CONDITIONS, AND THE RENTAL ORDER WHICH FORM THE RENTAL AGREEMENT & ORDER AND ARE BINDING UPON CUSTOMER:
Section I. Rental Terms and Conditions:
1. Customer shall use all property in a careful and proper manner, especially our peacock chairs, as they are vintage and in delicate condition, and shall comply with all applicable laws and regulations, and shall return the property in the same condition and good repair as when received. Customer hereby assumes all risk of loss and damage to the property from any cause whatsoever.
2. Customer acknowledges that the rental property is of a size, design, and capacity selected by customer, and A La Mode Collections MAKES NO WARRANTY WHATSOEVER, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
3. Responsibility of the rentals remains with the customer from the time of delivery until the time of return. Customer agrees that all rentals are protected from weather at all times and secured when not in use.
4. In the event a rental item is returned to A La Mode Collections stained, damaged or in broken condition, customer will be charged with damage fees, whichever the cost to fix, to be charged to customers credit card on file. Customer agrees to provide a valid credit card number at time of reservation, which will be charged by A La Mode Collections to pay for any such damages. Damage fees will be due upon discovery of damage by A La Mode Collections. A La Mode Collections will make a reasonable effort to notify customer of damage fees before the credit card is charged. In the event a rental item is not returned, customer will be charged in full the cost to replace the missing item. Finally, in the case of our bar(s), a cleaning fee of $35.00 will be issued to customer if returned to A La Mode Collections in a state that requires it (i.e. leaving behind sticky residue on account of beverages served at your event).
5. RENTAL DEPOSIT. Rental items will be reserved only upon receipt of this signed rental agreement. A security deposit of 50% of the order will be charged up front, and will go towards the total balance of the order.
6. Customer acknowledges that the rental property is of a size, design, and capacity selected by customer, and that A La Mode Collections has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the condition, quality, durability or suitability of the property. A La Mode Collections shall not be liable to customer for any loss, injury, or damage caused directly or indirectly by the rental property, by any inadequacy thereof, or defect therein.
7. Customer acknowledges that A La Mode Collections inventory items are one-of a kind items. A La Mode Collections shall not be liable in the event an inventory is no longer available because of loss or damage caused directly or indirectly to the rental item.
8. Customer shall not deliver possessions of the rental property to any individual(s) other than A La Mode Collections employees and shall require reasonable identification from such individual(s) prior to surrendering possession.
9. WEATHER. In the event of forecasted rain for outdoor rentals, customer may cancel order 24-48 hours in advance of the scheduled rental delivery. The final payment for these rental items will be refunded but not the original 50 percent deposit. Any cancellations due to weather less than 24 hours in advance will incur the full rental and delivery charges. A La Mode Collections and its representatives reserve the exclusive right to not set up furniture outside if it is raining or if rain is imminent. “Forecasted rain” is defined as a 50 percent or greater likelihood of rain predicted for the rental date by Weather.com.
13. Customer shall indemnify A La Mode Collections against any claim, action, damages, and liability, including attorneys’ fees, arising or connected with customer’s use and possession of the rental property.
15. LIABILITY RELEASE INDEMNIFICATION. Customer assumes liability for, and shall indemnify, defend, and hold harmless A La Mode Collections, its agents, employees, officers, and assigns from and against, any and all liabilities, obligations, losses, demands, damages, injuries (including, but not limited to, bodily injury, illness and death), claims, penalties, suits, actions, costs and expenses, including attorneys fee, of whatsoever kind and nature, relating to or arising out of the use, condition (including, but not limited to latent and other defects and whether or not discoverable by lessee or lessor), operation ownership, selection, delivery, leasing, or return of the equipment, regardless of where, how, and by whom operated, or any failure on the part of lessee to perform or comply with the conditions of this lease. Without limiting the generality of the foregoing, lessee shall, at its own cost and expense, defend lessor against all claims, suits or proceedings commenced by anyone in which lessor is named as a party for which lessor is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by lessor, and lessee shall be liable and responsible for all costs, expenses, and attorney’s fees incurred in the defense and/or settlement, judgment, or other resolution thereof. In the event any such is commenced naming lessor as a party. Lessor may, in its sole discretion, elect to defend said action on its own behalf with counsel of its choice, and lessee shall be liable for and reimburse lessee for all costs, expenses, and attorney’s’ fees incurred by lessor in such defense.
Purpose of this Clause: The indemnities and assumptions of the liabilities and obligations herein provided for shall continue in full force and effect notwithstanding the expiration or other termination of the lease. In the event lessor fails to perform under the terms of this contract, lessor shall be liable for any attorney’s fees and costs expended by lessee in any claim or action against lessor for breach of contract and/or for specific performance.
16. LIMITATION OF LIABILITY. IN NO EVENT SHALL A La Mode Collections, OR ANY OF ITS REPRESENTATIVES, BE LIABLE UNDER THIS AGREEMENT TO CUSTOMER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT A La Mode Collections WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. A La Mode Collections AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO A La Mode Collections PURSUANT TO THIS AGREEMENT OR $500.00, WHICHEVER IS LESS. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 16 SHALL APPLY EVEN IF A La Mode Collections REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. Customer acknowledges and agrees that the parties entered into the Agreement in reliance upon the limitations of liability set forth in this Section 16, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
Section II. Rental Order
1. Customer agrees that changes to the number of tables and chairs ordered cannot be altered once this contract is signed. Customer understands that A La Mode Collections makes no guarantee that there will be additional inventory available.
2. Delivery includes assembly and installation of rental items in one location at the venue before the event and pick up of the items once it is over. Styling of items is an additional service that must be prearranged with A La Mode Collections. Customer acknowledges that any additional movement of the tables and chairs from the said location will incur additional charges (i.e. moving chairs from a ceremony set up to reception) and are not included in the delivery charge. No one but A La Mode Collections is permitted to assemble or break down the tables.
Section III. Cancelation Clause
1. Customer reserves the right to cancel any order placed with A La Mode Collections no less than 14 days prior to the scheduled event. Cancellations made after the 14 day period will result in customer being charged 50% of the rental order.
Section IV. Rental & Delivery Fee
1. Upon delivery, customer will have the opportunity to inspect all items delivered for present wear and/or damage before accepting items. Once the customer approves and accepts the items, the rental fee plus the delivery fee (if applicable) will be charged to the customers’ card in full.
2. Delivery fee: All customers who have placed rental reservations with A La Mode Collections requiring deliverywill receive a mileage fee of $1.25 per mile roundtrip. Any late night pickups requested by the customer (9 pm and after) will result in an additional fee of $75.00
I HAVE READ AND AGREE TO THE ABOVE TERMS & CONDITIONS AND ACKNOWLEDGE RECEIPT. THIS CONTRACT IS VALID FOR ALL RENTALS PURCHASED BY THIS CUSTOMER, AND SUPERSEDES ALL PRIOR CONTRACTS.