TERMS AND CONDITIONS

For the purpose of equipment rental, hereinafter the “Rental Center” shall be Desert Southwest Events, and “Client” shall mean the renter.  In addition to the Client paying to the Rental Center the rent and other fees and costs charged by the Rental Center with respect to the items requested by Client for rent from the Rental Center, our Terms and Conditions are also to be adhered to and are as follows:

1. CLIENT’S USE. CLIENT SHALL USE THE RENTAL ITEMS ONLY IN A MANNER CONSISTENT WITH MANUFACTURE AND RENTAL CENTER SPECIFICATIONS AND SHALL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE RENTAL ITEMS, ALL PERSONS, AND ALL OTHER PROPERTY FROM INJURY OR DAMAGE IN CONNECTION WITH CLIENT’S RENTAL, USE OPERATION, AND STORAGE OF THE RENTAL ITEMS.  Client shall not allow any person to use or operate any rental item unless the person is qualified to do so, has received, and understands safety and operating instructions for the rental item, and utilizes all applicable safety equipment for the proper use and operation of the rental items.  The Client shall not allow any person to use or operate a rental item when it is in need of repair or when it is in an unsafe condition or situation.  Customer shall not allow any person to modify, misuse, harm or abuse any rental item nor permit any repairs to a rental item without the Rental Center’s prior written permission and consent.  Client shall not allow or cause any lien or other encumbrance of any kind or nature to be placed upon or against any of the rental items.
2. INSPECTION PRIOR TO USE. Client agrees to have an adequate understanding of how to properly use and operate the rental items consistent with manufacturer and/or Rental Center specifications for use.  Client also acknowledges Client’s responsibility to inspect the rental items prior to their use and to notify the Rental Center immediately of any damage or defects to any of the rental items.  Prior to using a rental item, Client shall personally inspect the rental item and find it in good operation condition and safe for use and for Client’s intended use and purposes.  The Client shall check such things as filters, oil and fluid levels, and air pressure of the rental items.  Client also shall clean and visually inspect the rental items at least daily.  Customer shall immediately discontinue the use of a rental item that is in need of repair or maintenance, or which is not properly functioning and shall notify the Rental Center immediately.  Client acknowledges that the Rental Center has no responsibility to inspect the rental items while they are in Client’s possession or under Client’s control.
3. REPLACEMENT OF OR MALFUNCTIONING/BROKEN ITEMS: If any rental item becomes prior to delivery, or during Client’s use unsafe, damaged, or otherwise in disrepair for any reason, Rental Center reserves the right of replacement at their discretion or a full refund.   If already in Client’s possession, Client shall immediately cease use of the rental items and notify the Rental Center at once.  The Rental Center, at its sole discretion, may opt to repair or replace such rental items with a similar item in good working order if available; provided, however, the defect is the result of regular use which is not in violation of this Agreement.  The Rental Center is not responsible for any incidental or consequential damages caused by delays in the repairing of the rental items or providing replacement rental items or the unavailability of replacement rental items, and Client hereby waives any right or entitlement thereto.
4. ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY: CUSTOMER IS FULLY AWARE AND ACKNOWLEDGES THAT THERE IS A RISK OF INJURY OR DEATH TO PERSONS AND/OR DAMAGE TO OTHER PROPERTY ARISING OUT OF THE USE, OPERATION, AND/OR STORAGE OF THE RENTAL ITEMS.  CUSTOMER ELECTS TO VOLUNTARILY RENT THE RENTAL EQUIPMENT AND ASSUME ALL RISKS OF SUCH INJURY OR DAMAGE.  CUSTOMER HEREBY WAIVES, RELEASES, AND DISCHARGES THE RENTAL CENTER FROM ANY AND ALL CLAIMS AND RESPONSIBILITY OR LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE RENTAL, USE, OPERATION, AND/OR STORAGE OF THE RENTAL ITEMS BY CLIENT, ITS OWNERS, EMPLOYEES, SUCCESSORS, ASSIGNS, GUESTS, INVITEES AND ALL OTHERS UNDER CLIENT’S CONTROL AND/OR SUPERVISION.
5. TITLE AND OWNERSHIP: The rental items are, shall be, and shall remain the sole and exclusive property of the Rental Center. Customer shall have only the right to possess, use and operate the rental items in accordance with the terms and conditions set forth herein.  Client may not remove or cover such identifying marks without the prior written consent of the Rental Center.  It is expressly intended and agreed that the rental items shall be personal property even though rental items may be affixed or attached to real estate.  The rental items shall not be removed from the premises disclosed to the Rental Center as the place for the intended use by the Client without the prior written consent of the Rental Center.
6. WARRANTIES: The Rental Center is not the manufacturer of the rental items nor the agent of the manufacturer.  NO WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN NOR SHALL ANY WARRANTIES BE DEEMED GIVEN BY THE RENTAL CENTER WITH RESPECT TO THE RENTAL ITEMS BEING FREE FROM PATENT OR LATENT DEFECTS, THE MATERIAL WORKMANSHIP OF THE RENTAL ITEMS, THE CAPACITY OF THE RENTAL ITEMS OR THE MERCHANTABILITY, CONDITION OR SUITABILITY OF THE RENTAL ITEMS FOR THE CLIENT’S INTENDED USE AND PURPOSES.  ANY AND ALL SUCH WARRANTIES ARE HERBY EXPRESSLY AND SPECIFICALLY DISCLAIMED BY THE RENTAL CENTER AND WAIVED BY THE CLIENT.  CLIENT SHALL BE SOLELY RESPONSIBLE FOR ENSURING THAT THE RENTAL ITEMS ARE SAFE FOR USE AND SUITABLE FOR CLIENT’S INTENDED USE AND PURPOSES.
7. INDEMNITY/HOLD HARMLESS: CUSTOMER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS RENTAL CENTER AND ITS AGENTS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, AND DAMAGES OF ALL KINDS WHATSOEVER TO PERSONS, PROPERTY AND OTHERWISE RESULTING FROM OR ARISING IN CONNECTION WITH CLIENT’S RENTAL, USE, INSTRUCTION FOR USE, OPERATION, MAINTENANCE, POSSESSION, AND STORAGE OF THE RENTAL ITEMS OTHER THAN SUCH CLAIMS WHICH ARISE FROM THE RENTAL CENTER’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.  SUCH INDEMNITY SHALL INCLUDE BUT IS NOT LIMITED TO, LIABILITY FOR INJURIES OR DEATH TO PERSONS AND THE REASONABLE COSTS, INVESTIGATION COSTS, LITIGATION COSTS, AND SETTLEMENT COSTS RELATED TO ANY SUCH CLAIM.  THE RENTAL CENTER WILL GIVE THE CLIENT NOTICE OF ANY CLAIM FOR WHICH CLIENT IS TO PROVIDE INDEMNITY HEREUNDER.  IF ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE RENTAL CENTER BY REASON OF ANY SUC CLAIM, CLIENT, UPON WRITTEN NOTICE FROM THE RENTAL CENTER, SHALL DEFEND THE CLAIM AT THE CLIENT’S EXPENSE BY LEGAL COUNSEL REASONABLY SATISFACTORY TO THE RENTAL CENTER, AND THE RENTAL CENTER MAY ELECT TO BE IN CONTROL OF DEFENDING THE CLAIM.
8. ASSIGNMENTS, SUBLEASES, AND LOANS OF THE RENTAL ITEMS: The Rental Center may assign its rights without the Client’s consent.  Client may not assign its rights nor delegate its duties to any other person or entity without the Rental Center’s prior written consent.  Any purported assignment or delegation by Client without the Rental Center’s prior written consent is void.  If the Rental Center grants permission for the Client to assign its rights, delegate its duties, sublease, or loan any rental item, the Client shall nevertheless be bound by all its duties and obligations herein.
9. EXPIRATION OF THE RENTAL TERM: Customer’s rights with respect to the rental items shall terminate upon the expiration of the rental period, and Client shall surrender possession of the rental items upon the expiration of the rental period at Rental Center’s request. Client’s continued use or failure to return the rental items shall constitute a material breach of the Client’s obligations contained herein.  Any extension of the rental period will remain and always be at the discretion of the Rental Center and shall be in writing.  Client acknowledges and agrees to pay to the Rental Center any additional rent, fees, and other associated costs which the Rental Center may charge for an extension of the rental period.
10. RETURN OF THE RENTAL ITEMS: When the rental period expires, the Client shall return all the rental items to the Rental Center during the regular business hours of the Rental Center.  The items must be in the condition and repair as when they were delivered to the Client.  The Client shall be liable for all damage to or loss of rental items and for damages and losses incurred by the Rental Center arising from or in connection with the rental items not being returned to the Rental Center upon the expiration of the rental period with the Rental Center’s regular business hours.
11. INSPECTION BY THE RENTAL CENTER: The Rental Center shall at any time and from time to time have the right to enter any premises where the rental items may be located for purposes of inspecting the rental items, observing the use of rental items and/or removing rental items from such premises.
12. COMPLIANCE WITH LAWS/USE OF RENTAL ITEMS: The Client shall not use or allow anyone to use the rental items for any illegal purpose or in any illegal or unsafe manner.  The Client hereby agrees, at Customer’s sole cost and expense, to comply with all municipal, county, state, and federal laws, ordinances, and regulations which may apply to the use of the rental items.  Client further hereby agrees to pay all licenses, fines, fees, permits, and taxes arising from Client’s use of the rental items, including any amounts determined to be due after the rental period.  The Client is responsible for obtaining all permits and/or licenses from the appropriate governmental agencies.  The Rental Center may at its election and Client’s prior written request act as the Client’s agent to obtain required permits and/or licenses for the use of the rental items.  If a governmental agency should require a permit/license, the expense of such additional rental items shall be the sole responsibility of the Client.  If applicable, if permits and/or licenses are denied for any reason, the Client is still responsible for all financial and other obligations borne by the Rental Center and shall reimburse the Rental Center for such expenses.
13. DELIVERY/PICK-UP: The Rental Center may agree to deliver the rental items to and/or pick up the rental items from the Client’s specified location.  If the Rental Center has agreed to deliver the rental items to the Client’s specified location or to pick up the rental items from the Client’s specified location, the Client shall be responsible for all damage to and loss of rental items from the time of delivery to the Client and/or until picked up by the Rental Center.  If the Rental Center agrees to deliver the rental items to the Client’s specified location, the delivery by the Rental Center will be made to the closest point where a Rental Center truck may properly park.  Extra charges to the Client will be assessed by the Rental Center for the Rental Center to deliver or pick up rental items to/from upstairs locations, elevator use, or any point where extra delivery/pick-up time is involved.  Unless otherwise arranged and paid for, the Rental Center’s services do not include set up or dismantling of any of the tables and chairs.  A special charge is assessed for this service.  Upon pick-up of the chairs and tables, they must be dismantled and stacked where indicated upon delivery.
14. CLEANING ITEMS: Rental items must be returned to the Rental Center in a condition that the Rental Center determines is reasonably clean.  China, glassware, flatware, and other catering items must be returned rinsed, and repacked properly in boxes provided by the Rental Center or Client agrees to pay the Rental Center the additional charges if the Rental Center must perform the repacking.
15. LINENS: All table linens are inspected by the Rental Center prior to pick up and upon return.  All linens shall be returned to the Rental Center dry and free of waste.  DO NOT ROLL UP OR PLACE SOILED LINENS IN ANY TRASH BAG – THEY WILL MILDEW.
16. DIRTY OR DAMAGED ITEMS: Client shall pay the Rental Center a reasonable cleaning charge for all the rental items returned dirty.  If any of the rental items are returned beyond repair or cleaning, the Client agrees to pay to the Rental Center the replacement cost of the item(s).  Client shall always take reasonable precautions to protect rental items from damage and/or loss.  If the Rental Center determines that the Client failed to exercise reasonable care to protect the rental items in a manner that protected them from loss and/or damage, the Client shall pay to the Rental Center the full replacement cost of any replacement or repair to the rental items.
17. THEFT OF THE RENTAL ITEMS: The Client shall pay to the Rental Center the replacement cost of any rental item which is the subject of any type of theft or mysterious disappearance.  The Damage Waiver does not cover theft.  If loss or damage to a rental item is the result of criminal activity, the Client shall promptly make a police report and immediately provide a copy of the report to the Rental Center.  The Damage Waiver does not cover the damage to or loss of a rental item that results from criminal activity.
18. RETAKING OF THE RENTAL ITEMS: If for any reason it becomes necessary for the Rental Center to retake the rental items, the Client authorizes the Rental Center to retake the items without further notice or further legal process and hereby agrees that the Rental Center shall not be liable for any claims for damages or trespass arising out of or in connection with Rental Center retaking any of their rental items.
19. WEATHER-RELATED RISKS: Customer assumes all weather-related risks involved in holding an event, including (but not limited to) an outdoor tented event.  In the event a tent becomes unsafe for use or otherwise unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond the Rental Center’s control, the Client shall still be liable for payment in full of all charges due to the Rental Center.
20. PREPARATION OF SITE: Customer shall have the site upon which the rental items are to be placed or erected free and clear of all obstacles, natural and man-made, prior to the arrival of the Rental Center’s work crew.  Client further agrees to have all tent areas cleared for removal prior to the Rental Center’s arrival for pick up.  All non-rented items and decorations shall be cleared and taken from the site.  If the Client fails to do so, then the Client shall pay to the Rental Center all costs and expenses incurred by the Rental Center arising from any delay, along with additional rental charges for the rental items.
21. MATERIAL & COOKING/OPEN FLAME UNDER TENTS: The Client shall not do any type of cooking or have an open flame under or within a reasonable distance of a tent.  Client assumes full responsibility for damage to tents due to cooking processes or flame damage under or near tents along with all related costs and expenses incurred by the Rental Center for cleaning, repairing, and/or replacing any tent damaged from cooking processes and/or the use of an open flame.
22. ELECTRIC POWER AND LIGHTING: The Client is responsible for providing the Rental Center access to, and the right to use, Client’s electrical and power lines for the installation and operation of the rental items without any charge to the Rental Center.
23. UNDERGROUND FACILITIES: The Client agrees to have all underground facilities (including but not exclusive to power lines, gas lines, sprinklers, and water lines in the vicinity of where the rental items will be installed to be clearly marked prior to the arrival of the Rental Center’s work crews.  The Client assumes full responsibility for damage to all underground facilities.  To identify underground facilities, the Client must call an appropriate agency at least one week prior to the installation of the rental items.

25.  LEGAL FEES, GOVERNING LAW & VENUE:  If any legal action, arbitration, or other proceedings brought for the enforcement of the Terms and Conditions or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding in addition to any other relief to which it may be entitled.  The laws of the State of Nevada shall govern the validity, construction, performance, and effect of these Terms and Conditions.  With respect to any matters arising under these Terms and Conditions, the parties hereto consent to the courts of the County of Washoe, State of Nevada, having personal jurisdiction over them, consent to the courts in said county and state being the property venue, waive any defense of inconvenient forum to the maintenance of any action or proceeding brought and waive any bond, surety or other security that might be required in connection therewith.