Simple Sound Rentals Rental Agreement Terms and Conditions
This rental agreement is made between Simple Sound Rentals, LLC (Referred to as “SSR” in this document) and the Customer (Referred to as “Customer” in this document) and is effective as of the order confirmation date described below. This agreement covers Rental Equipment (Referred to as “Equipment” in this document) and Service Labor (Referred to as “Labor” in this document) for the Job Order (referred to as “Job” in this document). This agreement shall be binding under the laws of the State of Ohio.
Section 1: AGENTS:
- Customer may assign an Agent over the age of 18 to act for the pickup, receive, drop off, setup or operate Equipment on Customer’s behalf.
- Customer agrees to notify SSR in writing/email when assigning an Agent to pickup or receive Equipment.
- Customer agrees to inform Agent of their responsibilities under this agreement including but not limited to their time availability, receiving instruction, proper Equipment operation and Equipment pickup and/or return time.
- Use of an Agent does not limit Customer responsibilities under this Agreement in any way.
Section 2: ORDER CONFIRMATION DATE:
- The date that SSR confirms Job pricing and availability in writing to Customer with a Job status as “CONFIRMED”, generally via a confirmation email from a member of SSR Staff.
- The Order Confirmation Date is different from the Job Start Date. The Job Start Date is the first day of the Job taking place.
Section 3: PAYMENT:
- SSR standard policy is to reserve Equipment for Customer by charging 50% of the Job total to Customer credit card prior to the date of the Job.
- The remaining 50% of the Job will be charged upon the completion of the Job.
- Other payment methods and terms are subject to SSR approval.
- Customer agrees to a $20 service charge for a returned check.
- Outstanding balances present at the Job’s End Date will be charged to Customer’s credit card on file.
- Outstanding balances may arise from these or other events: extended rental time, damaged Equipment, missing items, Labor overtime or additional Equipment added to Job after Start Date.
- Customer agrees to pay any and all court costs, attorney fees, and any other collection costs related to returned checks or unpaid balances.
Section 4: CANCELLATIONS:
- Jobs cancelled before 12pm one business day prior to the Job Start Date may be subject to a cancellation charge up to 50%.
- Cancellation one 12pm two days prior to Job Start Date, is subject up to 100% charge of the first day rental.
- Cancellations due to acts of God (illness, death, weather, etc) will be charged only for labor costs incurred by SSR if the Job is rescheduled within 3 months.
- If the Job is not rescheduled, a service charge including 100% of the labor cost by SSR, plus 25% of the Job total will be incurred.
Section 5: REFUNDS:
- Refunds are limited to the value of the rented items herein.
- Customer discharges SSR from liability or damages in excess of the rental amount in the event of Equipment failure or unavailability.
- Customer is responsible for immediately notifying SSR Staff in regards to any Equipment malfunction or related operational problems in order for any price adjustment to be considered.
- SSR will make every effort to immediately replace Equipment that is malfunctioning to the point of unusability while being used for a Job.
Section 6: REQUIREMENTS TO BE MET BY CUSTOMER:
- Customer is responsible for ensuring an electrical outlet from a non-dimmable, dedicated circuit (meaning no other high power consuming devices such as Microwaves, Refrigerators, or Freezers are being utilized on the circuit) with a minimum current rating of 20 amps. The outlet must be AC power with an edison plug and be within 100ft of the area where equipment is being operated from.
- If this is not possible, then the customer must provide a generator or choose to rent a generator from SSR.
- Customer is responsible for ensuring equipment is not exposed to direct sunlight, rain, or hail. A cover, such as a weighed-down7 tent, must be provided.
- Tents can be rented from SSR as an additional charge.
- Under conditions of rain, snow, high winds, or extreme heat where equipment can possibly be damaged, or personnel can possibly be injured, SSR and Staff Representing SSR hold the right to temporarily shut down, or begin tearing down equipment resulting in the ending and completion of the job.
Section 7: DELIVERY, SETUP, OPERATION AND PICKUP BY SSR:
- If applicable, Customer agrees to be available during the Delivery/Setup and Pickup Time window described on Job.
- Redelivery or repickup due to Customer not being present for delivery or pickup is subject to additional delivery charges.
- Customer is responsible for SSR’s safe and open access to the Job location for delivery, setup, operation and breakdown tasks.
Section 8: EQUIPMENT OPERATION BY CUSTOMER:
- Customer agrees to be available to receive operational instructions from SSR at time of pickup or delivery and to take possession of Equipment only upon full understanding of Equipment operation.
- Customer agrees to inform SSR when using Equipment outdoors and follow any specific instructions regarding outdoor use.
- Typically this includes instructions such as, but not limited to: only use equipment on flat dry ground, keep equipment out of direct sunlight, keep equipment undercover to avoid rain/water damage, and immediately take down all equipment on stands if winds are to exceed 40mph.
- Customer agrees to notify SSR when taking equipment outside of the Greater Cincinnati Metro Area.
- Customer agrees not to expose Equipment to harsh conditions including but not limited to: dust, sand, moisture, extended direct sunlight or heat sources.
- Customer agrees to use care in handling Equipment including placing Equipment on secure, level surfaces; properly securing cables to prevent tripping and accidental power down; and securing Equipment for safe and secure transportation and storage.
- Labor fees for dispatching a technical support rep may apply if Equipment is found to be reconfigured after it left SSR’s possession or Customer did not make best efforts to follow steps outlined on provided documentation and/or instructions provided during a support telephone call and/or instructions given at the time of pick up.
- Cleaning fees and or damage charges may be incurred if evidence of exposure to harsh conditions exists upon Equipment return.
Section 9: LABOR CHARGES:
- Labor charges on the Job, if applicable, are estimates based on SSR’s understanding of the event and Job requirements.
- Labor charges are subject to modification if the Job requirements deviate from the original agreement.
Section 10: RENTAL PERIOD:
- Rental Period extends from the Customer Pickup or Delivery/Setup date and time to the Customer Return or Available Pickup date and time.
- Late returns are subject to additional charges at SSR’s Equipment rental rate and cost of labor to pick up the equipment.
Section 11: DAMAGED EQUIPMENT:
- Customer is responsible for all damage to Equipment from any cause whatsoever incurred while in possession of Equipment.
- SSR will inspect all Equipment returned from Customer and will notify Customer of any charges within 48 hours of Job End.
- Having an SSR Technician onsite during Job does not release Customer from damaged Equipment liability.
- Customer is responsible for the equipment damages caused by their attendees, vendors, volunteers, and staff at Job.
Security 12: LOSS AND UNRETURNED EQUIPMENT:
- Customer is responsible for loss from any cause whatsoever incurred while in possession of Equipment, including theft.
- Failure to return Equipment per agreement terms with no communication from the Customer after 48 hours of Job End Date, will void this Agreement and Equipment shall be considered stolen goods, prosecuted in accordance with Ohio State Law.
- Customer credit card on file can be charged for Equipment MSRP.
- Customer is responsible for all costs associated in recovering missing Equipment, or cost of Equipment, included but not limited to cost associated with: repossession, legal fees, and collections.
Section 13: CUSTOMER INDEMNIFICATION:
- Customer agrees to indemnify and hold harmless SSR for damages and liability to rented items, persons and property resulting from the use or misuse of the rented items.
- Customer assumes all risk of any and all injuries or any kind including wrongful death resulting from use or misuse of rented items.
- Customer agrees to hold SSR, its officers, contractors, and employees free and harmless from and to indemnify and defend SSR against any and all suites, actions, proceedings, claims, judgments, demands, costs and charges for legal expenses and penalties resulting from injury or damage to any and all persons and property arising out of or in connection with the rented items herein.
Section 14: COPYRIGHT INFRINGEMENT:
- SSR does not support copyright infringement, including but not limited to public display and reproduction of copyrighted material.
- SSR reserves the right to refuse rental of Equipment when Customer cannot provide proper documentation for use of copyright material.
Section 15: ASSIGNMENT:
- Customer responsibility under this agreement remains with the Customer in the event of subleases, subrentals, or assignments of the Equipment to any other party.