Terms & Conditions
This Agreement is between Peachtree Tents & Events (“Peachtree”) d/b/a EventWorks, Event Rentals Unlimited and Music City Tents hereinafter referred to as "Lessor" and the undersigned hereinafter referred to as "Lessee". Lessee hereby agrees to rent supplies and equipment under the terms and conditions specified below. Please read the entire agreement.
Ordering: Lessee is responsible for the completeness and accuracy of all items on the applicable rental form before signing. Equipment is not considered reserved, and purported reservations will not be honored in Lessor’s discretion, until this Agreement is signed and one or more of the following forms of payment are received: payment through the web portal, a completed credit card authorization or ACH form, or when a deposit check has been received. Orders should be finalized with quantity of equipment, details, and final payment 14 days prior to the delivery date. Any changes thereafter are subject to availability, additional fees including but not limited to a cancellation fee.
Damage Waiver: A non-refundable damage waiver of 8% will be applied to all rental orders. Lessee understands this is NOT Insurance. The damage waiver covers normal wear and tear of rental equipment. Excessive damage or negligent care outside of the normal wear and tear is not covered by the damage waiver fee and will result in an additional billing to the Lessee.
Payment: Rentals are payable in advance. A valid credit card and/or ACH bank information must be on file as security for replacement cost of items that are lost, damaged or stolen. A 50% deposit and a signed agreement are required to reserve an order. Final payment is due 14 days prior to items leaving our warehouse. Lessor accepts Visa, MC, Amex, corporate checks and ACH only, and such is subject to change from time to time. A three percent (3%) convenience fee will be added to all credit card payments. To avoid a convenience fee Lessee may pay by check or ACH. Charges for all lost or damaged items are due upon receipt and will be charged to the credit card and/or ACH on file. Deposits with an e-signature signed contract received by the Lessor will be considered acceptance of contract and terms.
Cancellations and Rescheduling: Orders must be cancelled at least 90 days in advance of the delivery date to receive a full deposit refund. Orders cancelled between 31 to 89 days of delivery date will be charged 50% of the invoice amount. Cancellations less than 30 days prior to the delivery date will be charged the full amount of the rental. Full payment is due 14 days prior to the delivery date. Additions to the order will be honored if available. Lessor will allow Lessee to reschedule the event within 18 months of the original reservation date. Extensions beyond 18 months of the original event date will require written approval from Lessor. All rescheduled reservations are subject to a 50% cancellation fee and the full amount must be paid within 14 days of the rescheduled event date. Pandemics, inclement weather, and/or other unforeseen issues will not alter the terms of the cancellation policy. If, however, Lessee’s event is in an area that a state or federal agency orders a mandatory shutdown or evacuation, a refund or credit will be offered to Lessee.
Urgent Assistance: If the Lessee requires urgent assistance with the rented supplies or equipment, call the main phone number of the location with which you have placed your order with to receive instructions for help. Any new order or addition to orders placed after hours will incur additional fees.
Deliveries & Pick Ups: Trucks are routed and loaded the day prior to delivery by 12:00 pm. The time windows for delivery are estimates only - actual times may vary due to truck routing, event location, scheduling, and traffic. Lessor will do its best to notify Lessee of any delays in deliveries or pick-ups. Lessee agrees to pay an extra charge for deliveries and pick-ups that: are more than 50 feet from the truck, require use of stairs or elevators or when Lessee requests specific delivery time slots or delivery is outside of Lessor’s regular business hours. If setup is requested, a complete diagram must be provided to Lessor at least 48 hours prior to the delivery date or Lessor will not be responsible for set-up. Upon pick-up all items should be staged and ready in the same manner they were received. Lessee agrees to pay an additional fee if equipment is unavailable because of but not limited to locked gates, garages, doors or unattended residences.
Responsibilities: Lessee represents and warrants that Lessee has insurance against liability for injury to person and property in amounts equal to or more than a combined single limit of $500,000.00 and that Lessee maintains insurance against loss or damage to the equipment in the amount equal to or more than $500,000.00. Lessee agrees to count all items on arrival to ensure accuracy before signing as received. Lessee assumes responsibility of equipment from the time it is received by Lessee until it is returned to Lessor and further agrees to use the equipment in a prudent and reasonable manner. Lessee agrees to be liable for any loss, theft, damage, breakage or other destruction of equipment. All lost or broken items have an associated replacement value. Charges for lost items or those items that are damaged and in excess of the damage waiver amount, are due upon receipt and will be charged to the credit card and/or ACH on file. Credits will be issued for lost items if returned within 3 days. Discounts, trades or donations do not release signee or company from charges for loss, damage or theft of equipment. Lessee agrees to return all items in the same manner and condition equipment was received. Linens should be returned in the supplied linen bags or bundled. Avoid placing linens in plastic bags, to avoid be charged for damage due to mold or mildew. Lessee agrees that all linens that are lost, torn, burned, or soiled beyond cleaning are subject to a replacement fee. Lessee agrees to provide appropriate vehicle and tie downs for customer pick up and returns. Lessor is not liable for any property damage or personal injury associated with customer pick-ups and returns. Lessee agrees to be charged for late returns and any extra day’s equipment was out of inventory. When using cooking or heating equipment, Lessee fully understands and acknowledges the safety requirements associated with those items and the use of propane and similar fuels.
Site Preparation: We encourage site visits for tents as needed by the Lessee. Lessee is responsible for all permits, permissions or inspections required by law and/or property owners for installation and use of the tents unless contracted with the Lessor to provide permitting via a written contract. Lessor will provide a fire-retardant flame certificate to accommodate permitting. Quotes are based on normal installation, on level ground, and staked into ground unless otherwise noted. Lessee is responsible for properly marking underground utilities (gas, water, electrical, sprinkler) prior to installations of staked tents. If ground is not properly marked, Lessor cannot be held responsible for any damage to utility or sprinkler lines caused by staking. Stakes are driven up to 4’ deep.
Weather: Lessee understands that tents are temporary structures designed to provide limited protection from weather conditions, primarily for sun and rain. There are situations, particularly those involving strong winds and lightning, in which the tent will not provide protection and may even be damaged or blown over. Lessee must have a weather plan and become thoroughly familiar with the evacuation procedures. In the event of inclement weather, Lessee agrees to evacuate the tent to avoid possible injury. Lessee agrees that in the event of an anticipated or actual storm or excessive winds, Lessor has the right to dismantle any installed equipment to ensure the safety of all involved. Lessee understands that inclement weather may delay or prevent Lessor from installing equipment in time for their event. In the event a tent is installed for a week or more and inclement weather requires the tent to be dismantled for safety reasons, the Lessee agrees to pay for the labor to dismantle and reinstall the tent. The timeframe to re-install tents after inclement weather has passed may be up to 72 hours and changing weather conditions can impact this timeline. Tents are NEVER to be used in a storm as shelter! In severe weather, including but not limited to lightning, heavy rains, and high winds, the tent must be evacuated! Lessee is responsible for creating an inclement weather and emergency evacuation plan.
Indemnification and Defense: Lessee assumes the risk and liability for use and operation of the equipment, for personal injuries and property damage arising during the Lessee’s rental period. Lessee shall protect, defend, and indemnify Lessor and hold Lessor harmless, from and against losses, damages, injuries, claims, demands, and expenses, including legal expenses arising out of Lessee’s violation of this Agreement or any other act or omission of Lessee, provided that such loss, damage, injury, claim, demand, and/or expenses were not caused by the intentional misconduct and/or negligence of Lessor. Lessee shall assume defense of legal proceedings brought to enforce losses, damages, injuries, claims, demands and expenses, and shall pay judgments entered in any such suit or suits or other legal proceedings. The indemnities and assumptions of liabilities and obligations herein provided for shall continue with full force and effect, notwithstanding the termination of this Agreement, whether by expiration of time, by operation of law, or otherwise.
Governing Law. The terms and conditions and contract between Lessor and Lessee are governed under the laws of the State of Tennessee and venue for enforcement of any lawsuit regarding these terms and conditions shall be brought exclusively in the courts of Davidson County, Tennessee.