Terms and Conditions

For the purpose of this Rental Agreement:

• High Desert Event Rentals (HDER) shall mean the Rental Company, its owners, officers, directors, and employees;
• Customer(s) shall mean Customers, guests/visitors of customers, and their agents, contractors and/or employees.
• Rental Agreement shall mean the itemized list of items contained in the electronic estimate or invoice emailed or faxed to the Customer, who by virtue of having signed the estimate or invoice, and/or paid an advance deposit or in full, expresses his or her agreement with the contents of the Estimate or Invoice.

In reference to leasing the rental item(s) / equipment described on the Rental Agreement, it is agreed as follows:

INDEMNITY/HOLD HARMLESS.

Customer will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage.

Customer agrees to hold High Desert Event Rentals harmless from and against any and all liability, claims, judgments, attorneys’ fees and costs of every kind and nature, including, but not limited to, injuries or death to persons and damage of property, arising out of the use, maintenance– installation, operation, possession, ownership, or rental of the items rented, despite cause.

ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY.

Customer is fully aware of and acknowledges that there is a risk of injury, death, or damage arising out of the use or operation of the items contained in the Rental Agreement and hereby elects to voluntarily enter into this Agreement and assume all of the aforementioned risks.

Customer agrees to release and discharge High Desert Event Rentals from any and all responsibility or liability from such injury, death, or damage arising out of the use or operation of the rental items. Customer further agrees to waive, release and discharge any and all claims for injury, death, or damage against High Desert Event Rentals, which customer otherwise may be entitled to assert.

POSSESSION/ TITLE.

HDER agrees to reserve all items listed in the Rental Agreement on behalf of the Customer only after the following have been received from the customer.

• A non-refundable deposit equal to 50% of the total cost specified in the Rental Agreement
• A signed & dated copy of these Terms and Conditions

The remaining balance of the rental agreement must be paid 7 days prior to delivery, unless otherwise specified by HDER. If this obligation is not met, HDER reserves the right to either cancel the order without refunding the initial 50% deposit, or apply late payment charges equal to the highest APR allowed by Oregon Law.

Customer’s right to possession of the rental items:

• Is for a 24 hour period.
• When the customer accepts and signs for the delivery of the rental items upon delivery.
• In the absence of the renter, the equipment may be signed for by an individual designated by the renter. This individual is automatically given the legal right by the renter to accept liability for the equipment on the renter’s behalf.
• The rental agreement terminates once HDER has regained possession of the rental equipment.
• Any extension of the agreement must be agreed upon by HDER in writing.
• Title of the rental items shall, at all times, remain with HDER.
• Customer authorizes HDER to retake possession of the rental items without notice or legal process at any time, despite whether the equipment is on private property.

LEGAL FEES.

Customer will pay all collection fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract. Any lawsuits that may occur between HDER and their customers must be filed in Bend, Oregon, and any litigation will be held in a Bend, Oregon Court.

MISCELLANEOUS.

The Rental Agreement may be executed or delivered by fax, or other electronic means such as email. The Rental Agreement is valid whether properly signed by the Customer or not, so long as the Customer takes possession of the rental items. It is also valid if signed by another party signing on behalf of the Customer, in which case the signing party will sign their own name, and then print C/O (Care Of) “Ordering Party.”

UNSAFE CONDITIONS.

High Desert Event Rentals reserves the right to refuse to install or deliver rental equipment due to unsafe conditions or weather. If this occurs, Customer will be liable for a minimum of 50% of the total cost specified in the Rental Agreement. In the absence of unsafe weather or other conditions, High Desert Event Rentals will use all appropriate means and methods to secure the rental equipment for the safety of the Customer and the equipment.

High Desert Event Rentals is not responsible for underground utilities, and charges for time out, whether equipment is used or not. If permission is granted by the Customer to stake anything into the ground at their desired location, then it is the sole responsibility of the Customer to check for underground utilities and water mains.

CANCELLATIONS.

All customers will provide a 50% NONREFUNDABLE DEPOSIT in order for HDER to reserve their order.

• Customers who cancel their orders at any time after a deposit is provided WILL LOSE THEIR DEPOSIT regardless of their circumstances or reasons for cancellation.
• Adjustments to orders can be made until 7 days prior to delivery (except for specialty items – see below). However, any such adjustments shall not reduce the total price of the invoice below the amount of the NON-REFUNDABLE 50% DEPOSIT.
• Specialty items include specialty cut linens, and items that require HDER to manufacture, sub-rent, or purchase equipment. Specialty items are non-refundable once they have been ordered by HDER, or manufacturing of such items has begun
• Canopies & heaters must be canceled at least 7 days prior to delivery/pickup, but any such adjustments shall not reduce the total price of the invoice below the amount of the NON-REFUNDABLE 50% DEPOSIT.

DELIVERY CHARGES.

• Minimum delivery charges are based on 1-4 hour delivery windows with “non-same-day” pickups. Late evening pickups can be arranged for additional charge. Late evening is after 9:00pm.
• HDER offers setup/breakdown services of equipment for additional charges. Chairs and linens are an additional $1 each. Tables are an additional $5 each.
• HDER will stack items neatly and securely with reasonable access for the Customer;
• All equipment must be re-stacked and made ready for pick up by the Customer in same manner in which it was delivered;
• There will be a minimum two-hour window for both delivery and pickup (unless otherwise arranged in writing with HDER).
• HDER may assess additional charges at a rate of up to $75 per hour when delivery conditions cause HDER to incur additional labor costs, including, but not limited to:

deliveries impeded by stairs, elevators, steep or uneven surfaces, standing water, mud, or soft surfaces like sand loose gravel;
Inaccurate delivery locations or directions supplied by the Customer.
If the renter is not available, then HDER may opt to either setup in a manner deemed appropriate by our staff, or we may opt to leave the equipment curbside. In such instances, no refunds will be given, and the customer accepts liability for any losses and damages that may happen to equipment left unsupervised for any reason, including acts of God.

EQUIPMENT USAGE AND RETURN.

Customer is responsible for any loss or damage to rental items regardless of cause or fault, including acts of God, and HDER has 72 hours after retaking or receiving possession of rented merchandise to assess its condition and determine whether damage occurred while it was in the possession of the renter.

In such instances, unless the items in question are covered by a damage waiver, the Customer agrees to pay HDER for:

• All labor costs associated with repair and/or attempted repair of damaged equipment
• Replacement equipment (if necessary)
• Replacement of equipment directly related to the normal quality and functionality of the damaged equipment
• All shipping or delivery fees associated with the replacement or repair of damaged equipment.

DUE TO CUSTOMER NEGLIGENCE. Broken items must be returned in their broken state or they will be considered stolen. Replacement of lost or damaged items is chargeable in addition to the damage waiver charge.

MEASURING EVENT AREA.

• Planning and measuring is ultimately the responsibility of the Customer. If poor planning leads to improperly measured areas for placement of canopies, stages, dance floors, etc. resulting in our inability to complete a job, then no refunds will be given and full payment will be made to HDER by the Customer.
• HDER will not be held liable for any planning not performed by our staff.
• The Customer is responsible for locating and pointing out any underground utilities, such as water mains, and gas, electrical, and sewage lines.

DISCOUNTS.

HDER may offer discounts at its sole discretion. Any violation by the customer of HDER’s rental contract or Terms and Conditions, including violation of payment terms, will make such discounts null and void.

LOCAL RULES AND REGULATIONS.
Any and all rules and regulations governing an event site must be provided in writing to HDER prior to the delivery of rental equipment. All fines incurred as a result of non-disclosure of such regulations are the responsibility of the customer.

Please email us a list of rules and regulations that HDER must follow during delivery, setup, or removal of rental equipment as put forth by the owners or designated managers of the event location.