Terms & Conditions

MR. B’s TENT RENTALS TERMS & CONDITIONS

By clicking the “I Accept” button, you, the Customer (as defined below) agree and acknowledge that Customer has read, understands, accepts full responsibility for, and is bound by the terms and conditions contained in this Rental Agreement (as defined below), which also consists of any optional products purchased by Customer in connection with this rental and the Reservation Details (as defined below) hereof for the Rental Period (as defined below) whether or not subsequent agreements are executed by Customer.

  1.          DEFINITIONS. “Rental Agreement” means this Online Rental Agreement, including the Reservation Details. “Mr. B’s” means Mr. B Enterprises, Inc., and any of its respective officers, agents, servants, or employees, from whom the Customer has rented the Equipment. “Equipment” means any one or more of the items identified in the Reservation Details and any accessories, or other similar items delivered to the Customer. “Customer” means the person or entity identified as such in the Reservation Details or any guest, family member, plus one, representative, or agent of Customer. “Event Location” means the location of the event Mr. B’s is providing Equipment as described in the Reservation Details. “Rental Period” means the period of time between the Check In date and Check Out date set forth in the Reservation Details. “Check In” means the date, as defined in the Reservation Details, that Customer rents, accepts, and moves into the Equipment. “Check Out” means the date, as defined in the Reservation Details, that Customer moves out of the Equipment, concluding an inspection by Mr. B’s. “Reservation Details” means the Equipment, Rental Period, Check In/Check Out information, Payment Information and other information set forth on the Confirmation/Order Summary Screen. “Sales Tax” means any and all applicable taxes required to be collected by the local and state municipalities at the Event Location.
  2.          AUTHORITY TO SIGN. Any individual agreeing to this Rental Agreement represents and warrants that he or she is of legal age, and has the authority and power to sign this Rental Agreement on behalf of the Customer.
  3.         INDEMNITY / HOLD HARMLESS. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD MR. B’S, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY, OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION, USE, POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST MR. B’S BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY MR. B’S FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF MR. B’S. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE CONTRACT.
  4.         INSPECTION OF EQUIPMENT. Customer acknowledges that Customer will inspect the Equipment prior to taking possession thereof, and Customer will only accept delivery of the Equipment if Customer determines that the Equipment is in good working order, and is suitable for Customer’s needs. Customer acknowledges that Customer is familiar with the proper operation and use of each item of Equipment. Customer acknowledges that, prior to taking possession of the Equipment, Customer will obtain and read all safety bulletins, instruction manuals, and other provided materials for each item of Equipment. Customer acknowledges Mr. B’s is not responsible for any damage to any personal property caused by Equipment, unless it is determined that damage was caused by intentional misconduct or sole negligence of Mr. B’s.
  5.           LIMITATION OF LIABILITY. In no event shall (i) Mr. B’s be responsible to Customer or any other party for any loss, damage or injury caused by, resulting from or in any way connected with the Equipment, its operation or its use, Mr. B’s failure to deliver the Equipment as required hereunder, or Mr. B’s failure to repair or replace non-working Equipment or (ii) Mr. B’s be liable for any incidental, consequential, punitive or special damages. Customer acknowledges and assumes all risks inherent in the operation, use, and possession of the Equipment from the time of Check In until the time of Check Out, and Customer will take all necessary precautions to protect all persons and property from injury or damage from the Equipment.
  6.           USE OF EQUIPMENT.  Customer will not use or allow anyone to use the Equipment: (a) for an illegal purpose or in an illegal manner; (b) who has not reviewed this Rental Agreement; (c) who is not qualified to operate it. Customer agrees, at Customer’s sole expense, to comply with all applicable municipal, state, and federal laws, ordinances and regulations (including O.S.H.A. and the Internal Revenue Code) which may apply to the use of the Equipment. Customer agrees to maintain, clean, and visually inspect the Equipment daily, and to immediately notify Mr. B’s when Equipment needs repair or maintenance and to cease using the Equipment. Customer acknowledges that Mr. B’s has no responsibility to inspect the Equipment while it is in Customer’s possession. Mr. B’s shall have the right to replace the Equipment with other similar equipment at any time and for any reason.
  7.           DISCLAIMER OF WARRANTIES. MR. B’S MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER’S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS RENTAL AGREEMENT, MR. B’S DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL AGREEMENT.
  8.           MALFUNCTIONING EQUIPMENT. Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify Mr. B’s. If such condition is the result of normal operation, Mr. B’s will repair or replace the Equipment with similar Equipment in working order, if such replacement Equipment is available. Mr. B’s has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Customer’s sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure, if Equipment cannot be repaired or replaced in a timely manner as defined in the Rental Agreement. Customer must notify Mr. B’s of any Equipment issues within 12 hours from the time of defect in order to terminate rental charges.
  9.          RETURN OF EQUIPMENT /DAMAGED & LOST EQUIPMENT. At the expiration of the Rental Period, Customer will Check Out of Equipment during Mr. B’s regular business hours, such Equipment shall be in the condition and repair as when Customer Checks In, subject to reasonable wear and tear, as defined below. Once Customer Checks Out, and Mr. B’s has inspected Equipment, the Equipment is considered “off rent” and shall be the sole responsibility of Mr. B’s. Mr. B’s shall remove the Equipment within a commercially reasonable period of time after the Equipment is considered “off rent.” Customer shall be liable for all damages to, or loss of, the Equipment from the time of Check In until Check Out.  In the case of the loss or destruction of any Equipment, or inability or failure to return same to Mr. B’s for any reason whatsoever, Customer will pay Mr. B’s the then full replacement list value of the Equipment together with the full rental rate as specified until such Equipment is replaced. If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay Mr. B’s the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed. Mr. B’s shall be under no obligation to commence repair work until Customer has paid to Mr. B’s the estimated cost therefore. Customer agrees that Mr. B’s reserves the right to charge the credit card provided by Customer as part of this Rental Agreement, a credit card on file if applicable, and/or Customer’s account for any amount owed by Customer pursuant to this section due to damaged or lost equipment.
  10.         REASONABLE WEAR AND TEAR. Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a daily basis (as defined in Section 11 below). The following shall not be deemed reasonable wear and tear: (a) damage resulting from any fire, smoke, tobacco products, or smoking accessories; (b) except where Mr. B’s expressly assumes the obligation to service or maintain the Equipment, any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer’s operation and maintenance manual; (c) damage resulting from any improper operation, including overloading or exceeding the rated capacity of the Equipment; (d) damage in the nature of dents, bending, tearing, staining, corrosion or burning to or of the Equipment or any part thereof; and (e) any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry.
  11.         RENTAL PERIOD/CALCULATION OF CHARGES. Rental charges cover the Rental Period, beginning when the Customer Checks In to the Equipment and ending when the Customer Checks Out of the Equipment during Mr. B’s regular business hours. Rental charges do not include applicable Sales Tax. Customer agrees to pay all applicable Sales Tax. Mr. B’s will collect and remit Sales Tax to the appropriate agencies on behalf of the Customer. Rental rates are for normal usage based on the duration of the Rental Period. Customer’s right to possess the Equipment terminates on the expiration of the Rental Period and retention of possession after this time is a material breach of this Rental Agreement. TIME IS OF THE ESSENCE.
  12.          DEPOSIT. In addition to securing the payment of rental charges hereunder, Customer agrees to submit a $250 rental deposit to Mr. B’s which Mr. B’s will secure, and return to Customer upon successful Check Out and completion of the Rental Agreement. This rental deposit shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms, covenants, and agreements to be performed by Customer hereunder, and in the event of any breach by Customer, the deposit will be credited against any damages, cost or expense incurred by Mr. B’s as a result of the breach.
  13.         PAYMENT. All amounts due hereunder shall be payable in full upon receipt of invoice by Customer. Customer acknowledges that timely payment of rental charges is essential to Mr. B’s business operations and it would be impractical and extremely difficult to fix the actual damages caused by late payment. Customer agrees that Mr. B’s reserves the right to charge the credit card provided by Customer as part of this Rental Agreement, a credit card on file if applicable, and/or Customer’s account for any amount owed by Customer pursuant to this section due to late or past due payment(s) or rental charges.
  14.         OWNERSHIP / NO PURCHASE OPTION / NO LIENS. This Rental Agreement is not a contract of sale, and ownership of the Equipment shall at all times remain with Mr. B’s. Unless covered by a specific supplemental agreement signed by Mr. B’s, Customer has no option or right to purchase the Equipment.
  15.          NO ASSIGNMENT, LENDING OR SUBLETTING. Customer shall not sublease, subrent, assign or loan the Equipment without first obtaining the written consent of Mr. B’s, and any such action by Customer, without Mr. B’s written consent, shall be void. Customer agrees to use and keep the Equipment at the event set forth by the terms of this Rental Agreement unless Mr. B’s approves otherwise in writing. Mr. B’s may at any time, without notice to Customer, transfer or assign this Rental Agreement or any Equipment or any moneys or other benefits due or to become due hereunder.
  16.          ENTIRE AGREEMENT / ONLY AGREEMENT. The Rental Agreement, including the Reservation Details, represents the entire agreement between Customer and Mr. B’s with respect to the Equipment and the rental of the Equipment. There are no oral or other representations or agreements not included herein. None of Mr. B’s rights or Customer’s rights may be changed and no extension of the terms of this Rental Agreement may be made except in writing, signed by both Mr. B’s and Customer. Any use of Customer’s invoice order number on this Rental Agreement is for Customer’s convenience only and terms and conditions, whether oral or written, that are different or inconsistent with the terms contained herein are hereby rejected by Mr. B’s. Any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Rental Agreement.
  17.         ORDER OF PRECEDENCE. The terms and conditions of this Rental Agreement shall control over any conflicting preprinted terms and conditions contained in Customer’s purchase order or similar documents.
  18.         OTHER PROVISIONS.

A. Any failure of Mr. B’s to insist upon strict performance by Customer of any terms and conditions of this Rental Agreement shall not be construed as a waiver of Mr. B’s right to demand strict compliance. Customer has carefully reviewed this Rental Agreement and waives any principle of law which would construe any provision hereof against Mr. B’s as the drafter of this Rental Agreement.

B. Customer shall pay the rental charge(s) without any offsets, deductions or claims.

C. Customer consents to the collection, use, and disclosure of his or her personal identification and financial information (“Personal Information”) as described herein. Customer’s personal identification and financial information is provided voluntarily and not as part of a credit card transaction. Personal identification information includes, for example, Customer’s name, billing address, ZIP code, telephone number, date of birth, driver’s license number, and email address. Financial information includes, for example, information related to any balances or invoices related to the rental agreement. Customer’s personal identification information can be used for purposes of this transaction, any subsequent transactions with Mr. B’s, and for Mr. B’s to evaluate and improve its products and services and/or develop new products or services. Customer’s personal identification information and/or financial information may be disclosed to contractors, service providers, and other third parties that support Mr. B’s business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

D. The federal and state courts in the county in which Mr. B’s is located shall have exclusive jurisdiction over all matters relating to this Rental Agreement. TRIAL BY JURY IS WAIVED. In order to effect service of process on Mr. B’s, please contact the Secretary of State Corporations Division or the equivalent office in your state to obtain the name of the registered agent and the registered office address that is on file with the Secretary of State for Mr. B’s. Mr. B’s shall be entitled to decrees of specific performance (without posting bond or other security) in addition to such other remedies as may be available.

E. CLASS ACTION WAIVER:Customer agrees that any claims or proceedings brought by Customer relating to this Rental Agreement will be conducted on an individual basis, and not on a class-wide, collective, or representative basis, and that any one person’s claims or proceedings may not be consolidated with any other claims or proceedings. Customer will not sue Mr. B’s as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Mr. B’s. Nothing in this paragraph, however, limits Customer’s right to bring a lawsuit as an individual plaintiff.

F. Mr. B’s shall have the right to immediately repossess the Equipment, without any liability to Customer, in the event of (i) permanent closure of the Event Location or (ii) declaration of any emergency, disaster or similar situation by any federal, state or local government or (iii) as otherwise set forth in this Rental Agreement.

G. Customer expressly acknowledges that Customer and Mr. B’s are the only parties to this Rental Agreement, notwithstanding that a reservation for the Equipment may have been arranged by a third party or that a third party may pay for all or part of the rental bill.

H. For matters arising from this Agreement, Customer authorizes Mr. B’s to verify and obtain through credit agencies or other sources Customer’s credit information.

I. In the event the terms contained in this Rental Agreement conflict with any terms of any preexisting written agreement signed by authorized representatives of the Customer and Mr. B’s (the “Written Agreement”), the  terms of this Rental Agreement shall supersede the terms of the Written Agreement.

J. CRIMINAL WARNING: The use of false identification to obtain Equipment or the failure to return the Equipment by the end of the Rental Period may be considered a theft subject to criminal prosecution pursuant to applicable criminal or penal code provisions.

K. CLEAN UP / PREPARATION FOR BREAK-DOWN: Customer agrees to remove all clothing, food and drink, bottles and cans, trash and debris, of any kind from the Equipment prior to Check Out. All trash & debris should be bagged in the provided trash bags. All chairs should be stacked, folded, or arranged the same way as at Check In. All Equipment, including but not limited to chairs, air mattresses, and any additional rented equipment must be wiped down, and food / liquid / particle-free. Equipment that is returned with burns, holes, tears, or is permanently stained or broken, will be billed at full replacement cost.

L. WEATHER: Customer understands that the tents provided as part of the Equipment are temporary structures designed to provide limited protection from weather conditions, primarily sun and rain; however there may be situations, particularly those involving strong winds and lightning, in which the tents will not provide protection and may even be damaged or blown over. Tents are temporary structures which can put persons underneath at risk when subject to high winds, electrical storms and heavy rains. Customer assumes all responsibility for weather related risks involved in holding an outdoor event. Mr. B’s will do it’s best to minimize said risk, however, should the tenting become unsafe due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Mr. B’s control, Customer shall still be liable for full payment of order. Evacuation of tents to avoid possible injury is recommended when severe weather threatens the area where the tent is set up. Customer must leave the tents and not seek shelter from Equipment during such conditions. Mr. B’s is not responsible for determining whether or not the weather is severe enough to necessitate evacuation, it is best to err on the side of caution. Customer acknowledges and agrees that it is the Customer’s responsibility to be aware of changing weather conditions and to exercise its best judgment with regard to the evacuation Equipment. Customer shall become thoroughly familiar with evacuation procedures provided by Mr. B’s.

M. CUSTOMER’S PERSONAL PROPERTY: Customer acknowledges and agrees that the tents provided as part of the Equipment are a water-resistant fabric structure which by their nature will keep out low or moderate intensity rain. However, it should not be expected that it provides safety and preservation of all materials inside, or under the tent during extremely severe weather.

 

© 2018 – Mr. B Enterprises, Inc.