SOIRÉE HOORAY LLC RENTAL SERVICE AGREEMENT

THIS AGREEMENT is made on 01/26/2023 8:12 pm

CLIENT hereby engages in Rental Services (hereinafter referred to as “Services”) to be performed by RENTAL COMPANY. RENTAL COMPANY shall provide the following Services & Rental Items for the Event, all in which is outlined in the paid invoice.

COMPENSATION
CLIENT shall pay RENTAL COMPANY for Services performed under this Agreement. DELIVERY of deposit fee shall be paid through Soiree Hooray Invoice (3.5% tax) or to avoid the tax fee, client can also submit payment through
Zelle (4698700977)

Cash App ($soireehooray) 
Venmo (@soireehooray) with the signees name in the memo.

1. 50% DEPOSIT shall be paid by Client to RENTAL COMPANY upon booking. The RENTAL COMPANY agrees to return to the Client the deposit within three (3) business days if at no fault of the Client; the RENTAL COMPANY Cancels the Contracted Event. If client does not send deposit by date indicated, CLIENT understands they may lose their reservation. Deposits are non-refundable, but can be transferred to apply to a different date.

2. CANCELLATION/ DATE CHANGE: CLIENT can either opt to Cancel completely, which will result in loss of deposits paid, or CLIENT can opt for a deposit transfer which will be applied to new date. Must cancel at-least 24 hours prior to the service date to be eligible for deposit transfer. If services are unavailable for the date change, no refund will be given for the deposit.

3. RETURN SIGNED SERVICE AGREEMENT The Client agrees to return to RENTAL COMPANY the Service Agreement signed and timestamped. If the Client does not complete the Service Agreement, and Pay the Deposit, CLIENT understands that they may be at risk of losing the reservation.

4. Final Payment of Remaining Balance shall be issued by Client to Rental Company by one of the methods as stated on the Invoice. Payment shall be made 3 days prior to the service date. No Exceptions unless agreed to in writing by the RENTAL COMPANY prior to the Event.
5. Client shall pay all fees associated with payment method used to pay RENTAL COMPANY.

OCCASION PROTOCOL
CLIENT shall provide RENTAL COMPANY the following information at least 7 days prior to the event:

1. Unloading instructions
2. If the delivery will need to be transported up any stairs or in an elevator
3. If the delivery will be setup outdoors or indoors
CLIENT/VENUE shall prepare the following for the Rental Items Described:
– Indoor Environment or Dry & Covered outdoor area with leveled surface. (No wet, grassy, or dirt areas)
– Position Near Proper Outlets for Edge Mirror Booth (120+ Voltage)
–  Ease of Access (No stairs or obstructions)
– Access to a commercial size elevator if space is not on 1st floor
– 6ft by 6ft space

RESIDENTIAL DELIVERY/ PICKUP
days and times shall be scheduled and confirmed with the client via email or text before the date of event. Client or an adult 18 years or older must be present for the deliveries to be made. Delivery may need to be 24 hours in advance (non-venue spaces); Pickup may be within 24 hours after event. (Non-Venue Spaces)

PARKING
CLIENT shall provide RENTAL COMPANY adequate secure parking space near to the entrance door as possible at the Place of Engagement for the Delivery/Pickup.

TIME EXTENSION:
CLIENT shall pay RENTAL COMPANY any additional compensation of each items hourly rate outlined in the invoice, due to any deferment from the service time duration listed above. (Excludes breakdown after service end time)

PRIVACY POLICY
CLIENT is aware that RENTAL COMPANY has a strict privacy policy about the data that is collected for rental usage purposes. If CLIENT asks for such data to be shared, CLIENT understands that they will need to adhere to the terms of the RENTAL COMPANY; such terms may include posting visible disclaimers near or within the rental, where all attendees who interact with the rental (Photo Booth) can be made aware that their information collected (Phone number and/or Email) may be subject to being shared with CLIENT. If any legalities may arise from such solicitation, CLIENT agrees to assume the risk of liability that may arise.

WEATHER CONDITIONS

If the RENTAL(S) are to be stationed outside, the CLIENT agrees to the following: If there is rain, high winds, hail, ice, thunder, or lightning in the weather forecast or other unsuitable weather conditions such as unfavorable temperatures, the CLIENT agrees to have the RENTAL(S) indoors. This is to be determined by the RENTAL COMPANY and varies per rental.

UNFORSEEN LIABILITY

Neither the RENTAL COMPANY nor CLIENT will be liable for failure to perform SERVICES under this agreement where the failure is caused by forces unforeseen and beyond the control of the RENTAL COMPANY or CLIENT, as the case may be. Such forces include without limitation, government actions, illness, death, disability, and acts of God including natural disasters, non-existent Pandemics etc. Under these circumstances, if addressed parties are unable to execute the terms written within the contract due to the unforeseen conditions above, all moneys the RENTAL COMPANY received from the CLIENT will be refunded.

CLIENT LIABILITY

I. Client shall be responsible for ensuring equipment that is rented will not be tampered with or misused. If Rental Items are damaged due to the CLIENT’S negligence or negligence of the CLIENT’S guests, then CLIENT will be responsible for ensuring RENTAL COMPANY is reimbursed for damages incurred. II. The CLIENT shall pay the RENTAL COMPANY full compensation for replacement of any parts that are lost, stolen, or damaged compared to the condition upon delivery. III. The CLIENT shall not allow the Rental to be moved from the location/area where the delivery was originally setup.

RENTAL COMPANY LIABILITY

I. CLIENT and RENTAL COMPANY agree that in the event of a technical failure or for any UNFORSEEN reason services cannot be completed, that RENTAL COMPANY maximum liability is the return of any payments received.

II. If only partial services can be provided due to conditions beyond RENTAL COMPANY reasonable control, then the rental charges are to be refunded on a prorated basis.
III. Client agrees that RENTAL COMPANY will not be responsible for consequential damages.
IV. The RENTAL COMPANY will not be held liable for any illegal occurrences with the service of alcohol under TABC regulation.
V. The RENTAL COMPANY will not be held liable for any injuries incurred by the tampering of rental equipment.

NO ALTERATION OF OFFER

CLIENT may not add to or alter the terms of this agreement (offer). Any such attempted addition or alteration shall be null and void unless expressly agreed by RENTAL COMPANY in writing. See U.C.C.-207(2) (a).

REMEDIES
In the event that the Client does not make the payments set forth in the Agreement on or before the dates and times specified or otherwise defaults in performing obligations under this Agreement, RENTAL COMPANY shall be entitled to retain said deposits/fees as liquidated damages.

MISCELLANY

This constitutes the sole, complete and binding agreement between the parties hereto. This agreement may not be changed, modified or altered except by any instrument signed by the parties. This agreement cannot be assigned or transferred without the written consent of the CLIENT. Nothing in this Agreement shall require the commission of any act contrary to law or to rule or regulation of any union, guild or similar body having jurisdiction over performance hereunder or any element thereof and wherever there is any conflict between any provisions of this Agreement and such limited only to the extent necessary to eliminate such conflict.

AUTHORITY OF SIGNATORY

This person executing this Agreement on Client’s behalf warrants his authority to do so, and such person hereby personally assumes liability for the payment of said price in full.

CHOICE OF LAW

This Agreement shall be constructed in accordance with the laws of the State of Texas. Any claim or dispute arising out of or relating to this Agreement or the breach thereof shall be settled in Court. The parties hereto agree to be bound by the award in such, Furthermore, the parties agree that this agreement is solely between the CLIENT or CLIENT’sRepresentative, and the RENTAL COMPANY.

NOTICES

All notices required hereunder shall be in writing at the address stated in the preamble of this agreement. The signatures below confirm that the parties have read and approved each provision set forth thereto:

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