Rental Agreement

For the purpose of this Rental Agreement:

• Florida Planners 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 invoice or invoice emailed to the Customer, who by virtue of having made online payment, and/or paid an advance deposit or in full, expresses his or her agreement with the contents of the Invoice.
• Rental Center shall mean Florida Planner’s third party’s fulfillment warehouse, or any other facility or company where the storage, maintenance or transfer of equipment occurs.

In reference to leasing the rental item(s) / equipment described on the Rental Agreement, it is agreed as follows:

1. INDEMNITY/HOLD HARMLESS.

Customer will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage.

Customer agrees to hold Florida Planners LLC 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.

2. 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 Florida Planners, LLC. 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 Florida Planners, which customer otherwise may be entitled to assert.

3. POSSESSION/ TITLE.

Florida Planners 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.

• Full payment of the total cost specified in the Rental Agreement (or a lesser amount determined at the sole discretion of Florida Planners.)
• Digital Acceptance of this Rental Agreement; and
• Digital Acceptance of the Terms of Service.

If this obligation is not met, Florida Planners reserves the right to either cancel the order without refunding the Re-Stocking Fee, 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 the specified period as determined per item description. Equipment not returned at the end of the allotted time period, will be assessed an additional rental period at an hourly rate.
• Begins when the rental items are scheduled to be used per the customer order.
• 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 Florida Planners or its agent(s) have regained possession of the rental equipment.
• Any extension of the agreement must be agreed upon by Florida Planners, in writing or by email.
• Title of the rental items shall, at all times, remain with Florida Planners or its authorized agent(s).
• Customer authorizes Florida Planners or its authorized agents to retake possession of the rental items without notice or legal process at any time, despite whether the equipment is on private property.

4. LEGAL FEES.

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 law suits that may occur between Florida Planners and their customers must be filed in Broward County, and any litigation will be held in a Broward Court.

5. MISCELLANEOUS.

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.”

6. UNSAFE CONDITIONS.

Florida Planners 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, Florida Planners Rentals will use all appropriate means and methods to secure the rental equipment for the safety of the Customer and the equipment.

Florida Planners Rentals 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.

7. CANCELLATIONS.

All customers will provide full payment in order for Florida Planners to reserve their order.

• Customers who cancel their orders at any time after a payment is made WILL BE CHARGED A RE-STOCKING FEE regardless of their circumstances or reasons for cancellation. See Terms of Service for details.
• Adjustments to orders can be made until 7 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 RE-STOCKING FEE OF 50% of the total rental amount.
• Specialty items include specialty cut linens, and items that require Florida Planners or its agent(s) to manufacture, sub-rent, or purchase equipment. Specialty items are non-refundable once they have been ordered by Florida Planners, or manufacturing of such items has begun.

8. EQUIPMENT PICK UP AND RETURN.

• Responsibility for rental items remains with the customer from time the items are delivered until the time they are returned.
• Items returned after the return date specified in the Rental Agreement will incur additional fees to be determined by Florida Planners.

9. DELIVERY CHARGES.

Unless otherwise specified:

• Minimum delivery charges are based on 1-4 hour delivery windows. 
• Customers must be present for their entire delivery window. Florida Planners 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.
• Florida Planners and/or its authorized agents provide setup/breakdown services of equipment.
• “Curbside delivery,” is defined as:

1. 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.
2. There will be a minimum two hour window for both delivery and pickup (unless otherwise arranged in writing with Florida Planners).

Florida Planners may assess additional charges at a rate of up to $120 per hour when delivery conditions cause Florida Planners 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.
• Equipment can be set up and arranged to the Customer’s predetermined specification for a charge. 
• If the renter is not available, then Florida Planners may opt to either setup in a manner deemed appropriate by our staff. In such instances, the customer accepts liability for any losses and damages that may happen to equipment left unsupervised for any reason, including acts of God.

10. 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 Florida Planners has 72 hours 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 Florida Planners 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.

11. DAMAGE WAIVER.

An 8% charge may be applied to all rental items to cover the cost of normal cleaning and maintenance. This does not cover LOSSES, THEFT OR DISAPPEARANCE OF EQUIPMENT

DUE TO CUSTOMER NEGLIGENCE. Broken items must be returned in their broken state or they will be considered stolen. Replacement of lost or damaged items is chargeable in addition to the damage waiver charge.

12. MEASURING EVENT AREA.

• Florida Planners Rentals does not provide on-site estimates. This is the responsibility of the Customer.
• Planning and measuring is ultimately the responsibility of the Customer. If poor planning leads to improperly measured areas for placement of canopies, stages, dance floors, etc. resulting in our inability to complete a job, then no refunds will be given and full payment will be made to Florida Planners by the Customer.
• Florida Planners will not be held liable for any planning not performed by our staff.
• The Customer is responsible for locating and pointing out any underground utilities, such as water mains, and gas, electrical, and sewage lines.

13. DISCOUNTS.

Florida Planners may offer discounts at its sole discretion. Any violation by the customer of Florida Planners’ rental contract or Terms and Conditions, including violation of payment terms, will make such discounts null and void.

14. LOCAL RULES AND REGULATIONS.

Any and all rules and regulations governing an event site must be provided in writing to Florida Planners 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.

Please use the order form provided at checkout to list any rules or regulations that Florida Planners must follow during delivery, setup or removal of rental equipment as put forth by the owners or designated managers of the event location.