Terms & Conditions

RECITALS:
WHEREAS, Customer desires to rent the “Equipment” from Company in accordance with the terms and conditions hereof. NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

TERMS:
RENTAL EQUIPMENT. The Company hereby agrees to rent to Customer certain audio Equipment as set forth above and in the rental Equipment breakdown list in Exhibit A, annexed hereto and made a part hereof (the “Equipment”).

RENTAL PRICE. Customer shall pay Company a total payment that is outlined above and provided by Silent Disco DBA (Insert Company Name) for the rental of the Equipment for the Term as set forth above plus any lost or damaged equipment as outlined in Exhibit A, annexed hereto and made a part of the price.

SECURITY DEPOSIT. 
Customer agrees that Company will charge Customer a refundable security deposit, depending on the type and quantity of Equipment. In the event Company charges Customer a Security Deposit, Company shall return such Security Deposit to Customer within three (3) business days from the Customer’s return of the Equipment. Notwithstanding the foregoing, Company may, in its discretion,apply the whole Security Deposit, or any portion thereof, against any damages to the Equipment that are sustained during Customer’s possession of the Equipment. Company shall advise Customer of any withholding of any portion of the Security Deposit prior to any such withholding.

NON-SUFFICIENT FUNDS. Customer agrees that Company may charge Customer two hundred and fifty dollars ($250.00) for each check that is returned to Company for lack of sufficient funds.

RISK OF LOSS OR DAMAGE. The Customer hereby (a) assumes all risks of loss or damage to the Equipment, regardless of cause, and (b) agrees to return the Equipment to the Company in the condition that Customer received the Equipment from the Company with the exception of any “ordinary wear and tear”. Customer agrees that Company or Company’s appointed agent shall have sole discretion in determining the scope of such “ordinary wear and tear”. Customer further agrees that any determinations by Company or Company’s agent of the scope of ordinary wear and tear shall be final.

RENTAL TERM. This Agreement shall commence on the Effective Date and shall terminate upon Customer’s return of the Equipment in fully working condition to Company’s possession (the “Term”).Customer agrees that Company may terminate this Agreement for any reason prior to the expiration of the Term. In the event of Company’s termination of this Agreement, Company reserves the right to maintain and take possession of the rental. If the termination is acted by the Customer more than 48 hours prior to shipment, all but the 20% non-refundable charge will be refunded. No refunds are provided for cancellations or rescheduling of dates within 48 hours of the event date.

CARE AND OPERATION OF EQUIPMENT. Customer agrees to use the Equipment in a careful and proper manner. Customer further agrees to only use the Equipment its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the Equipment, including registration and/or licensing requirements, if any.

MAINTENANCE AND REPAIR. Customer and/or Customer’s clients shall maintain the protective cases and the Equipment in good operating condition, allowing for reasonable wear and tear.

RETURN OF EQUIPMENT. Within two business days from the customer’s event date(s), the Customer shall return/ship the Equipment, protective cases and packaging material to FedEx using a prepaid delivery tag under the original shipping tag unless otherwise outlined on the contract. If Customer does not return the Equipment in such time period, Company shall charge Customer a late fee of one hundred dollars ($100) plus an additional late fee of two dollars ($2) per headset per day that Customer fails to ship/return to FedEx on time.

ACCEPTANCE OF EQUIPMENT. In the event that Customer rents the Equipment and does not simultaneously hire a member of Company’s staff to oversee such rental of the Equipment, Customer shall inspect each item of Equipment delivered by Company pursuant to this Agreement. If Customer fails to provide notice in writing within two days after Company’s delivery of the Equipment to Customer. Customers will be conclusively presumed to have accepted the Equipment as specified in the invoice.

FAILURE TO PERFORM. Company will not be held responsible for any errors or omissions due to the Customer’s lack of operational or technical capability.

REPRESENTATIONS AND WARRANTIES.
● Customer represents and warrants that: Any and all information including, but not limited to, applications, statements, trade references, and financial reports, submitted to Company are true and accurate.
● Customer recognizes and agrees that any material misrepresentation contained within such information shall constitute default under this Agreement.
● Customers shall only use the Equipment for lawful purposes.

INDEMNITY OF COMPANY FOR LOSS OR DAMAGES. In the event that either (a) Customer returns any of the Equipment damaged, or (b) loses any of the Equipment, Company shall have the option of requiring Customer to repair the Equipment to a state of good working order, or replace the Equipment with like Equipment in good repair, which such new Equipment shall become the property of the Company and be subject to the terms of this Agreement and outlined in Exhibit A

LIABILITY AND INDEMNITY.
1. Liability. Customer agrees to assume all liability for injury, disability, and death of any persons and any injury to property to the extent arising from or caused by the Customer’s operating, handling, or transporting of the Equipment during the Term of this Agreement. Company shall be not be liable for any indirect, incidental, special or consequential damages of any kind, including (without limitation) injury to persons or property, lost business, lost savings, lost data, and lost or anticipated profits, business interruption, loss of business information, or any other pecuniary loss regardless of the cause and arising out of or related to this Agreement, except as a result of willful misconduct, gross negligence, illegal actions on the part of the Company.

2. Indemnification. Customer agrees to fully indemnify, defend and hold harmless Company and all of Company’s affiliates and subsidiaries, directors, officers, agents, representatives and employees against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, made against Company arising, whether directly or indirectly, out of Customer’s failure to adhere to the provisions of this Agreement. Customer further hereby indemnifies Company and all of Company’s affiliates and subsidiaries, directors, officers, agents, representatives and employees for any and all claims filed against Customer by any third party. In the event Company must defend any third party action arising from Customer’s use of the Equipment, Customer Consultant shall be obligated to promptly reimburse Company for all reasonable expenses resulting from, or in connection with such action.

RIGHTS ON DEFAULT. In the event that Customer defaults on any of the Terms set forth in this Agreement, Company may, without notice to Customer, (a) take possession of the Equipment as provided by law, and (b) deduct any such costs of recovering the Equipment, including, but not limited to attorney fees and legal costs, repair, and related costs from the Security Deposit, and hold the Customer responsible for any deficiency. Company shall be obligated to re-rent the Equipment, or otherwise mitigate any such damages from Customer’s default only as required by law.

NOTICE. All notices required or permitted under this rental shall be deemed delivered when delivered in person, mail or email, addressed to the appropriate party at the address shown for that party at the beginning of this rental.

ASSIGNMENT. Customer shall not assign any interest in or any responsibilities set forth in this Agreement or the Equipment, or permit the Equipment to be used by anyone other than the Customer or Customer’s employees without Company’s prior written consent.

ENTIRE AGREEMENT AND MODIFICATION. This Agreement constitutes the entire agreement between the Parties. All previous representations and undertakings, whether oral or written, have been merged herein. No representations or warranties have been made other than those expressly set forth herein. This Agreement may not be amended or discharged, nor may any provision be waived, except by an agreement in writing signed by both Parties.

GOVERNING LAW. This Agreement shall be deemed to have been made in, and shall be construed pursuant to the Laws of New York State, excluding its choice of Law principles.

SEVERABILITY. If any portion of this contract 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 provision of this contract is 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 either party to enforce any provision of this contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this contract. EXHIBIT A: Equipment Items below are in effect if not specifically outlined otherwise above: