RENTAL AGREEMENT

This Rental Agreement (hereinafter, “Agreement”) is made by and between Company (hereinafter, “Company”), and the person(s)/company/organization renting our goods (hereinafter, “Client”).

TERM OF AGREEMENT

This Agreement will become effective on the date the Client signs the Agreement and Company receives the non-refundable deposit. 

This Agreement will terminate on the earliest of: 

• The date all rental items are returned to Company. 

• The date a party terminates the Agreement as provided herein.

Your reservation is not confirmed until you complete our Rental Agreement and we receive your deposit or full payment.  The Rental Agreement must be filled out ENTIRELY and ACCURATELY. We are not responsible for missing or inaccurate information. The rental reservation agreement is not valid or confirmed until ALL fields have been completed, the agreement signed and returned to Company. We will not honor a reservation without proper receipt of payment & the rental documentation under any circumstances. 

RENTAL ITEMS

Company agrees to rent to Client the items listed on the invoice, which is attached and made part of the Agreement.

RENTAL PERIOD

The rental period is for up to 24 hours from the time of delivery unless otherwise arranged. Specific delivery and/or pick-up times must be finalized no later than 7 days prior to the event date. 

PAYMENT

Client agrees to pay Company the rental fees specified in the invoice. Rental fees are for the time the rental items are out and away from Company’s possession, regardless of whether the rental items are actually used by Client. No refunds will be given for unused rental items.

The client’s credit card on file as indicated on the signed Rental Agreement contract, will be charged for replacement and/or damages, assessed accordingly as indicated above. Should the client’s card on file be rejected, declined or inaccurate, Company will reach out to the client immediately to resolve the issue; if alternative payment restitution cannot be made immediately, Company may pursue legal action if necessary.

A 50% non-refundable deposit of the total rental order balance is required to reserve rental inventory and our services for a specified date and time. Payment for special order rental items and/or custom fabricated inventory is due in full upon receipt of the Rental Agreement. The final payment for a client’s rental order is due 30 days prior to the event delivery date. The final rental balance due may include the following: adjustment of pickup/setup/delivery fees to the event location; any special services required and all rental inventory additions, revisions and modifications since the original rental reservation. 

PAYMENT SCHEDULE: 

The client agrees to pay Company rental fees in accordance with the following schedule - 

• An initial non-refundable 50% of the total price (hereinafter “Deposit”) will be made upon signing of this Agreement to confirm the reservation. 

• The remaining balance is due 30-days prior to your event. If we do not receive payment as requested, your reservation is subject to cancellation without a refund. 

A credit card is required to keep on file. Client authorizes Company to charge the daily rental fee for items returned late or the reasonable replacement costs for items that are lost, stolen, or damaged. 

Rental items are not officially reserved until Company receives a signed copy of this Agreement, the deposit, and a credit card on file.

If the balance of a rental reservation is unpaid prior to 30 days before an event date, we reserve the right to cancel the reservation for lack of payment and the client’s non-refundable retainer will not be returned. Failure to pay the rental reservation balance 14 days prior to a client’s rental order delivery date may result in assessment of a 15% late fee, therefore an additional charge of 15% will be calculated based on the entire rental reservation total and will be added to the clientʻs balance due. 

FORM OF PAYMENT

Unless otherwise agreed to, payments to Company must be made via credit, debit, or ACH. International credit cards will be charged an additional 2%.

DAMAGED OR MISSING RENTAL ITEMS 

Damages include, but are not limited to chipped, cracked or broken items, stained and dirtied upholstery or fabric that are beyond normal wear and tear, loss or damage due to theft, burglary, misuse, abuse, disappearance, or loss due to Client’s failure to care for the rental items, including damage as a result of leaving rental items out in high winds, rain, or in a sprinkler system. A deposit may be required for certain rental items to cover replacement costs. Client shall be responsible for five times the rental fee or the full cost of damaged or lost rental items. If fabric and upholstered items are returned stained, the cost of cleaning. If Client discovers damaged or missing rental items prior to the start of the event, Client must notify Company immediately. Damaged rental items shall not be used at the event. All damaged rental items remain the property of Company and must be returned to Company. Any damages occurring after the rental items are delivered to Client, including damage occurring as a result of any person other than a Company representative moving the rental items from the location where they were placed by Company are the sole responsibility of Client, whether actually caused by Client or by Client’s guests, event venue staff, or third party event vendors, are the responsibility of the Client. 

SUBSTITUTIONS 

Should Client wish to cancel or make substitutions for certain rental items, Client must pay an amended invoice indicating the changes. Changes and additions to existing orders may require additional fees and deposit. 

Company reserves the right to make reasonable substitutions of rental items, when necessary. If the rental price for the substituted item(s) is less than the rental price for the originally selected rental item(s), Company will refund the difference in price, or if no substitution is available, the rental price for the affected rental item(s) will be refunded to Client. 

RUSH ORDERS

Rental reservations finalized within 30 days of an event delivery date are subject to 20% “rush order” fee. To accommodate a rush rental order, we charge an additional 20% of the total rental reservation cost to prep, pack and accommodate the order without sacrificing our previous commitments and the high level of customer service we provide to every client.

Orders finalized within 30 days of your event date must be paid in full.

DELIVERY & PICKUP

Standard delivery and pickup hours are 9:00 am – 11:00 pm.

A 1.5 hour minimum delivery window is required to avoid additional charges.

Delivery & Pick-Up outside of standard hours will incur an additional fee. Additional fees may be assessed for Late Night or Holidays.

Delivery and Pick-Up Standard Hours for event locations held beyond 45 miles (round trip) from North Kona are 11 AM – 8 PM. Delivery and/or pickup services required outside of this time frame will result in additional fees based on the event location and requested time for delivery/pick-up services.

Delivery and Pickup service fees are subject to change at any time to account for revisions of a clients rental order which may include, but are not limited to: current labor rates/fees, fuel and transportation expenses. Company reserves the right to apply current rental minimums and labor/transportation fees to rental reservations previously booked and confirmed. If a client would prefer to cancel their rental order due to assessment of market price or current fuel and labor rates, they will be provided a full refund of any monies paid.

Standard Delivery and Pickup services include assembly and placement of architectural rentals such as arbors, arches and backdrops. All other rental items such as seating, tabletop rentals, other details and decor will be delivered to one area of the property and grouped together for client or coordinator specific placement. Company offers detailed setup services and comprehensive event styling for an additional fee. The client, event coordinator, or planner must provide an accurate floor plan/site map at least three days prior to the event date to ensure accuracy.

Delivery & Pickup assumes the rental items are being placed in a location 75 feet from the delivery vehicle. Delivery or Pickup of rental items beyond 75 feet will result in additional fees assessed to the clients rental reservation.

Additional delivery fees will be charged for any location that requires additional time, equipment, and labor. Additional fees are calculated by the size of the load, location, and time required. We reserve the right to charge for additional hours if our team is waiting for extended periods of time due to Client oversights in planning, overlaps with other vendors, or other factors caused by Client and/or Client’s vendors, guests, or associates.  

Failure to notify Company of inadequate delivery/pickup conditions may result in additional delivery/pickup charge(s), including placement/retrieval beyond 75 feet from delivery vehicle, moving or carrying items up and down stairs and delivery or pickup of items beyond our standard delivery hours of 9:00 am thru 11:00 pm. Company allots a 1.5-hour delivery and pickup window. Should inadequate delivery/pickup conditions require our staff to remain on site for longer than 1.5 hours, additional fees will be charged to the renter. 

Company requires adequate access to site of the delivery location, including but not limited to: drive-up access to outdoor events, minimum of 4’ wide hallways, a standard size freight elevator (8′ wide or larger), 4′ wide or larger doorways and ramp access rather than stairways. We are not responsible for item(s) of the client’s rental order being unable fit through doorways, elevators, stairwells, and other restrictive spaces. If such access is not available, the client must inform Company, as additional staffing will be required for delivery. Failure to notify Company of such delivery/pickup conditions may result in additional fees or cancellation of your order on the day of delivery.

The dimensions of all Company furniture and backdrop inventory is listed on our website for reference. If the client is unable to confirm this information or is unsure of potential restrictive access points or venue limitations, Company will perform a site survey per the clients request for an additional fee.

Should a rental piece(s) not fit through any personal or public space upon delivery, we will discuss other setup options with the coordinator and venue personal. We will setup the rental items where physically possible for best usage and presentation. We cannot, due to insurance policy alter, remove, or otherwise modify any private, commercial or corporate event space to accommodate your rental delivery. If a client fails to confirm the rental items chosen can be accommodated at the venue and not does not contract Company to perform a site survey, no refunds will be provided for any unused, undeliverable or alternatively placed inventory.

It is the responsibility of the renter to inform Company of any and all potential delivery/pickup obstacles or other interference. Company reserves the right to refuse delivery and setup if conditions are inadequate, potentially unsafe for out staff and events guests, or may compromise our inventory; no refunds will be provided. 

Additional Delivery, SETUP, & Pickup Policies

The client is responsible for ensuring that all rental items have been cleaned of all personal and event related items post event. All rental items should be accessible, ready for pickup at the time indicated on rental reservation contract and grouped in the location the pieces were delivered to, devoid of any decor and obstacles. To avoid additional fees, all equipment and rental must be repackaged in the same condition as it was received.

Upon delivery, the client or representative acting on behalf of the client, are required to confirm that all rental items and respective quantities are received and in acceptable condition. Failure to notify the Company staff of any issues upon delivery, including but not limited to; inaccurate quantities, missing items, damaged inventory, will assume that the order was delivered successfully and has met the clients’ and their representative’s standards.

If the event space is not ready or accessible at the confirmed time of delivery indicated or an event exceeds the confirmed time of pickup; thereby the rental items being unavailable/accessible for placement or removal, the credit card on file will be charged $50 for each additional 15 mins of wait time or the fee will be deducted from the deposit. 

Should any rental items be not available for pickup at the time confirmed on the rental reservation agreement and Company is forced to return the following day, a return pickup fee of $250 will be charged to the card on file. The client will also be charged $5 per mile from the Company office to the event location and the mileage from the event location back to our warehouse.

Rental items will not be delivered to an outdoor location and left or assembled in inclement weather. If an event is outdoors, the client must have an established backup plan in place, such as adequate housing, tent, etc; to protect the rental items from potentially damaging elements.

Company reserves the right to refuse setup of our inventory in any condition that could harm or damage our inventory and/or most importantly potentially endanger the health and safety of guests and staff. No refunds will be provided if an event is cancelled due to weather conditions. No refunds will be provided to the client if rental items are deemed “unusable” due to unsuitable weather conditions, safety concerns, or unpredictable site conditions.

Company is not responsible for any items provided by another vendor. While the client and their contracted vendors are certainly welcome to add design elements, florals, decor, etc to our inventory, we are not responsible for damages, misuse, structural integrity and appearance of our inventory if another vendor has compromised our rental items. No refunds will be provided in such circumstances to the client or to the vendor involved. Damages to Company inventory by a vendor or other event professional may result in additional fees charged to the client as aforementioned, in accordance with the Company damage policy. 

INSURANCE

If your venue requires a copy of our insurance policy, we will happily provide it. Requests for insurance must be made within 10 days prior to your event date. Requests for insurance policy at the time of delivery or pickup will be denied, as our crew doesn’t carry such documentation on hand. If a client fails to request Certificate of Insurance 10 days prior to the event date, an additional charge may be assessed. Specialty clauses, increased coverage and other specific insurance policy requests by the venue are also subject to an additional fee.

PHOTOGRAPHY 

Client agrees that photography from their event can be used for Company’s promotional purposes.  

Floor Plan / Furniture Layout Procedures

If you and your venue decide on a specific floor plan and/or layout for the rental furnishings, you must provide Company a copy of this floor plan no later than ONE WEEK before your event date. This alleviates any miscommunication between venues and vendors. Without a provided floor plan / furniture layout, Company will set up all rentals to the best of our ability working solely with your venue.

We are happy to hang or otherwise adhere signage, decor and other elements provided by the client. An additional fee will be assessed for this service starting at $75. Company is not responsible for design elements that cannot be hung due to quality or interference with the integrity of our inventory. 

INVENTORY AVAILABILITY & SELECTION

Availability of products and pricing are subject to change without notice. We make every effort to ensure our products’ quality and consistency throughout our inventory lines. However, due to model changes made by our manufacturers and the nature of shipping items to Hawaii, some products may vary slightly from what is listed in catalog, price list, or website. If item(s) that a client has reserved is no longer available due to product availability or manufacturer/fabrication issues, the client will be offered alternative replacement solutions at the current list price. To protect your floors, adhesive pads may be applied to the bottom of table and chair legs upon advance request for an additional fee.

CHANGES

Changes to the rental reservation agreement can be made at any time, pending product availability. Additions, exchanges, or swapping of rental items is allowed until 60 days prior to the event date, depending product availability. If a client chooses to outright remove rental item(s) within 60 days of the event date, the 50% deposit paid for that item is non-refundable. If a client wishes to remove rental item(s) within 30 days from the event date, the remaining balance for those item(s) is still due; as considering time constraints, we have limited opportunity to rent those reserved item(s) to another party. No refunds or credit will be issued for special ordered inventory or custom fabricated projects, items or materials at any time.

Implied changes to a rental reservation made through email, text or online messaging are not considered valid and are not confirmed. It is the clientʻs responsibility to ensure their Rental Agreement and Invoice is accurate. Please carefully review all information including: delivery location, delivery and pick-up times, product names, item quantities, as well as contact details and information.  Order inaccuracies due to client negligence may result in additional fees outlined in our company policies.

Company rrequires that a copy of a valid credit card be kept on file for inventory damages, loss, return pickup charges, inaccessible inventory, cleaning fees, poor delivery/pickup conditions, and other applicable fees listed therein by Company rental agreement policies. In the case of damages or any necessary assessed charges to the card on file Company will notify the client on file immediately and process the accrued additional fee(s) using the clients credit card as permitted by the Rental Agreement contract.

Company accepts all major credit cards, ACH, and PayPal to reserve and pay the balance of your rental order. Hawaii GE Tax will be added to each rental reservation deposit/retainer and payment of reservation balance.

Company requires a minimum rental item requirement of at least $500; which does not included delivery, setup and pickup fees. 

DAMAGES

We understand accidents happen. Please contact us immediately if an item is compromised in any way; so we can assess the damages, send experienced staff and attempt to rectify the issue. Our team will thoroughly examine and photo document all rental inventory at time of pickup.

If rental item(s) are damaged including, but not limited to; broken, stained, ripped, missing, altered, etc at time of pickup, Company  will document the issues and submit an invoice to the client regarding to the extent of the damage(s) and/or missing items. We will first attempt to repair and/or clean the item ourselves; however, if the piece is beyond restoration and needs to be removed from inventory, Company will assess the value at the current rental industry standard of FIVE TIMES the rental rate per the client’s rental invoice or the actual replacement cost. The person(s) listed on the Rental Agreement contract will be held responsible to pay for the repair of damages, cleaning or total replacement cost of the rental item(s).  

Our pieces are very special to us: many were handpicked, curated, and created over many years to provide you with unique rental options. If any of the rental pieces are at an outdoor event, all inventory MUST be moved inside or under proper cover should the weather become inclement. The client assumes full responsibility for all rental items indicated in their contract and rental order. If damage to our inventory occurs due to exposure to intemperate, unsatisfactory or other poor weather conditions, the rental recipient will be held responsible for paying the damage(s) or other fees, as explained above; in order for Company to replace or repair the lost or damaged rental items.

If rental items are damaged due to improper care and weather protection, the clients card on file will be charged 5 TIMES the rental rate for EACH item damaged. A client choosing to utilize any of our rental item(s) outdoors assumes the risk that unpreventable factors such as rain, wind, natural disasters and venue site conditions may prohibit setup as requested and no refunds will be provided.

TABLETOP & DECOR CLEANING POLICIES

Company offers stunning tabletop decor including, serveware, flatware, dishware, glassware, and specialty dining and tabletop accessories that are curated for your special event. Tabletop items are quoted and provided in increments of 10 or “by the rack” to ensure accuracy and ease of packaging for clients and caterers.

We require all tableware, glassware, flatware, serveware, etc to be rinsed and cleaned after each use. All rentals should be readily available upon pickup, clean and repackaged in the original delivery method and containers. All tabletop rentals must be devoid of all food, liquids, remnants and thoroughly cleaned at time of pickup. Failure to have these rental items cleaned and repackaged will result in a $2.00 cleaning fee per item.

Should the ability to clean and sanitize these items be determined unavailable by the caterer, venue or client, Company will apply a cleaning fee based on a client’s entire tabletop order/invoice and additional fees may be added to the rental reservation agreement contract.

Company offers various styles and sizes of authentic looking LED pillar candles, votives, and other electronic ambient lighting options. While we understand some clients prefer the look of real wax candles and they are welcome to use them; a restoration fee will be assessed for wax removal and cleaning.

REFUNDS

The rental reservation deposit is non-refundable, as rental piece(s) are reserved and Company services have been retained by the client for their specific event date, as per the Rental Agreement contract. A client may defer their balance and rental retainer deposit to a new date. A client has up to 180 days from the original scheduled event date to utilize any monies paid towards a new event, pending item(s) and Company availability of services. The deposit/retainer amount must be used in entirety for the reservation of rental inventory and services for the newly scheduled event. Clients cannot apply paid deposits or retainers to previously booked events and no partial refunds will be provided. If a client chooses to reschedule their event date beyond the 180 day period, a rescheduling fee of 18% will be assessed of the total original rental reservation balance.

If a rental item a client has reserved becomes unavailable due to damages or disrepair, Company is happy to offer a replacement item of equal or greater value at no additional cost. We have pieces of inventory that are similar in style, color, size and design and will replace the damaged inventory with an item of your choosing, pending availability. A full refund will not be provided as we have offered alternative substitute solutions and the client has refused to choose a similar replacement. 

If a client chooses to “scale back” and/or reduce their rental reservation agreement and retainer of services provided by Company, the client is still responsible for payment of the total balance due for the reserved rental items and scope of services. Additional fees may be applied to a client’s final balance to meet rental requirement minimums, staffing requirements, delivery/pickup expenses and other services initially retained and agreed upon at time of confirmation of original contract.

CANCELLATIONS 

If Client cancels this Agreement, the following terms apply: 

• Deposit is non-refundable

• Cancellations made

- 60 days or more: Full refund of any portion of total fees paid over the Deposit

- 59 days or less: No refund for any amounts paid. Rental Fees are required be paid in full.

If Company terminates this Agreement, the Company will refund unearned fees to the Client. 

Rescheduling is allowed on a case-by-case basis and is subject to a 20% rescheduling fee. Client may incur additional fees for Company’s services if significant changes are made to event design, for additional venue walk-throughs, etc. Company will discuss with Client prior to charging any additional fees. Payment for any custom-built items and Company services related to custom-built items will be due according to the original Rental Agreement payment schedule. Parties will enter into a separate written agreement or modify this Agreement to reflect the rescheduled reservation date. Signature of the rescheduled reservation date contract voids the previous agreement. 

If a client fails to notify Company that their event has been cancelled without 60 days prior notice, the client acknowledges they have breached contract, no services or refunds will be provided nor the opportunity to transfer payment(s) to a new date. Cancellations for any reason after the 60 day period prior to a client’s event date require the final balance be paid in full, despite your event cancellation.

Postponement and Rescheduling Policies

Company understands that unforeseeable issues or concerns may arise prompting a client to cancel, postpone or reschedule their special event. We are dedicated to working with each client to make this unnerving process as professional and easy as possible. We strongly encourage clients during consideration to reschedule their event on a “like for like” date; rescheduling to similar date the following year, day of the week and same month of their original rental reservation.

Company advises that clients who require their event to be postponed or rescheduled, contact us immediately so we can provide clients with dates of availability in an effort to continue to execute their contract as intended. Should a client reschedule their event on a date that Company  services can not accommodate or reserved rental items per the original rental contract are unavailable, Company will work with the client on an alternative solution. However, per company policy and stipulations of the rental agreement contract, a client will not be provided a refund. The paid rental reservation deposit and remaining balance can be applied to a new future event date.

Please note that changing a contracted event date voids the agreement.  A new contract will be written for the future date and subject to pricing at that time. Rescheduling fees begin, but are not limited to 18% of the total original contract balance. The rescheduling fee is due at the time of contract revision to secure a client’s new event date and updated rental agreement. A clientʻs quote and remaining balance may be adjusted per the following criteria but not limited to: rescheduling on “peak” event dates or weekends, holidays/holiday weekends, inventory price fluctuations, transportation expenses and scheduling of additional staffing to accommodate their new event date.

Please note that the rescheduling process may result in additional fees to account for liquidated damages, such as but not limited to; consultation time, planning and redesigning services, rescheduling of staff, reserved transportation vehicles, preparation/acquisition of inventory, contract revision(s), staffing services, rescheduling fees, inventory price fluctuations, allocation of delivery & pickup staffing, preparation/packaging expenses, travel expenses, fuel increases, billable hours, etc.  

WARRANTY DISCLAIMER

Client acknowledges that the rental property is of a size, design, and capacity selected by Client, and that Company disclaims all warranties express or implied with respect to the rental property, including any express or implied warranties as to condition, fitness for a particular purpose, or durability. 

INDEMNIFICATION

Client hereby voluntarily and expressly releases, indemnifies, forever discharges and holds harmless Company any and all liability, claims, demands, causes or rights of action whether personal to Client, including those allegedly attributed to negligent acts or omissions. Should Company or anyone on behalf of Company be required to incur attorney fees and costs to enforce this agreement, Client expressly agrees to indemnify and hold harmless Company for all such fees and costs. Client acknowledges and certifies that Client has had sufficient opportunity to read the entire Rental Agreement and understands its content, and Client executes it freely and without duress of any kind and agrees to the terms herein stated.

INTEGRATION This Agreement supersedes all prior agreements between the parties with respect to its subject matter and constitutes a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter.

DISPUTE RESOLUTION & APPLICABLE LAW AND JURISDICTION 

If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Kailua Kona, HI. This Agreement shall be governed by the laws of the State of Hawaii, and any disputes arising from it must be handled exclusively in the federal and state courts located in Hawaii County, HI.  

SEVERABILITY

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provisions of this Agreement are invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

WAIVER

The failure of any Party to require strict compliance with the performance of any obligations and/or conditions of this Agreement shall not be deemed a waiver of that Party’s right to require strict compliance in the future, or construed as consent to any breach of the terms of this Agreement. Both parties shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to unforeseeable causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, pandemics, or government orders. Such event cannot be used to excuse Clients breach of its payment obligations or modify the cancellation policies under this contract. However, any amounts paid to Company up to the date of such event will be available for transfer to another event within the 1 year period following the originally scheduled rental date. 

ASSIGNABILITY AND PARTIES OF INTEREST

No party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party. 

ENTIRE AGREEMENT

This Agreement (including attachments) contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. 

AGREEMENT ACCEPTANCE

By paying a Deposit or any portion of the Rental Fee, Client agrees to the terms set out in this Rental Agreement.