Terms and Conditions
Terms and Conditions of Service
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This Terms of Service has been last updated on 1/1/2023.
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BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY SHORE TENTS AND EVENTS LLC YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS &CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your order, (2) the START of your service or (3) your receipt of an e-mail OR invoice from SHORE TENTS AND EVENTS LLC confirming your order, whichever happens first. THIS AGREEMENT, UNLESS OTHERWISE PROVIDED, IS EFFECTIVE FOR AN INITIAL TERM OF ONE YEAR AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE ONE YEAR TERMS, SHORE TENTS AND EVENTS LLC MAY TERMINATE THIS AGREEMENT AT ANY TIME WITH 30 DAYS NOTICE, OR SHORE TENTS AND EVENTS LLC MAY TERMINATE THIS AGREEMENT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 2.
1. DEFINITIONS
For the purposes of this Agreement:
1.1.
“Shore Tents and Events LLC, “us,” “we,” “our” and grammatical variants thereof shall collectively refer to Shore Tents and Events LLC., an LLC organized and existing under the laws of the State of Florida, United States of America, located at 2520 McMullen Booth Rd. Ste B. #210, Clearwater, FL, 33761, U.S.A. and its assigns and successors in interest.
1.2.
“Shore Tents and Events LLC Services” shall mean the products and services provided by Shore Tents and Events LLC and/or Shore Tents and Events LLC’s affiliates, agents, or assigns at any given time, including but not limited to tent rentals party rentals, and any associated support services, which services may be changed, amended, and/or otherwise altered at any time in Shore Tents and Events LLC’s sole discretion.
1.3.
“Content” shall mean the downloadable files which are interpreted by a client web browser for display with or without plug-ins.
1.4.
“Customer Service” shall refer to communication from us to you dealing with problems or questions relating to services provided by us to you.
1.5.
“Fee” shall mean monies and other consideration you are obligated to pay to Shore Tents and Events LLC for the right to use the Shore Tents and Events LLC Services subject to the terms and conditions of this Agreement and of the particular Shore Tents and Events LLC Services for which you have registered, as outlined on the then-current schedule of fees.
1.6.
“Fee Schedule” shall mean the fees for the Shore Tents and Events LLC Services provide, which may be modified at any time in Shore Tents and Events LLC’s sole discretion pursuant to the provisions of 23.1.
1.7.
“International Customers” shall mean customers residing in or accessing the Shore Tents and Events LLC Services from outside of the United States and Canada.
1.8.
“Laws” shall mean the laws, statutes, and regulations then in effect of the United States of America and its various states and dependencies as well as the laws of Your country of residence or the country in which you use or access the Shore Tents and Events LLC Services and the laws of any provinces, states or dependencies thereof.
1.9.
“Parties” shall collectively refer to Shore Tents and Events LLC and you.
1.10.
“Payment Account” shall refer to the credit card, debit card, checking account, or PayPal account provided by You upon registration to pay for Your Services (including payment for deposits). Shore Tents and Events LLC may add, delete, or modify the methods by which customers can pay for the Shore Tents and Events LLC Services at any time without prior notice, in its sole discretion. Payments processed by PayPal are subject to PayPal’s terms and conditions of service, and Shore Tents and Events LLC makes no representations or warranties with respect to those services.
1.11.
“Customer Support” shall refer to communications from us to you dealing with problems or questions relating to support matters involving services provided by us to you.
1.12.
“You”, “your” and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.
1.13.
“Your Services” shall mean the specific Shore Tents and Events LLC Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for those Shore Tents and Events LLC Services pursuant to the current Fee Schedule.
1.14.
“Rented Item(s)” or “Items” means the items rented to you, as identified on this page (including any “Instructions” provided below), “Customer,” “Lessee,” “you” and “your” mean the customer or “Lessee” identified on this page, “Lessor,” “we,” “us” and “our” mean Shore Tents and Events LLC., a Florida LLC, d/b/a “Shore Tents and Events”.
2. TERM AND TERMINATION
2.1.
Unless sooner terminated pursuant to other terms of this Agreement, and except as otherwise provided in this Agreement, this Agreement shall be for an initial term of one year and shall be automatically renewed each year for additional one year periods unless and until sooner terminated pursuant to the provisions of this Section 2. Shore Tents and Events LLC may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement.
2.2.
You or Shore Tents and Events LLC may terminate this Agreement at any time for any reason, with or without cause, upon thirty days’ written notice.
2.2.1.
if Shore Tents and Events LLC, in its sole discretion, deems that you have breached any part of this Agreement, including, without limitation, any warranty or obligation set forth in Section 8,
2.2.2.
if your Payment Account provider refuses payment of fees or charges or you refuse authorization for same, or
2.2.3.
if payment for the Shore Tents and Events LLC Services is more than thirty days overdue.
3. DESCRIPTION OF SERVICES
Subject to and conditioned upon Shore Tents and Events LLC’s retained rights and all other terms and conditions set forth in this Agreement, Shore Tents and Events LLC offers the Shore Tents and Events LLC Services as soon as practicable after payment of any and all fees due. The Shore Tents and Events LLC Services are subject to the following conditions and restrictions:
3.1. Tent and Party Supply Rental services
3.1.1.
Shore Tents and Events LLC shall provide tent and party rental supply services to you on a non exclusive basis.
3.1.2.
Shore Tents and Events LLC, either directly or through its assignee or licensee, shall provide Customer Service relating to your services consisting of replying to customer questions or complaints regarding services provided by us to you relating to your services. Shore Tents and Events LLC is not obligated to provide any Customer Service except as specified in this Section 3. Any and all requests for additional Customer Service may be refused by Shore Tents and Events LLC with or without reason. Any additional Customer Service which Shore Tents and Events LLC may subsequently agree to provide to you shall be at Shore Tents and Events LLCs sole discretion and once commenced, may be terminated at any time by Shore Tents and Events LLC without notice to you and without any liability to Shore Tents and Events LLC. Notwithstanding the foregoing, Shore Tents and Events LLC at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to you relating to your services pursuant to this Agreement without any liability to Shore Tents and Events LLC.
3.1.3.
Shore Tents and Events LLC, either directly or through its assignee or licensee, shall provide Customer Support relating to your services. Any and all requests for Customer Support may be refused by Shore Tents and Events LLC with or without reason, in its sole discretion. Any Customer Support which Shore Tents and Events LLC may subsequently agree to provide to you shall be at Shore Tents and Events LLC’s sole discretion and once commenced, may be terminated at any time by Shore Tents and Events LLC without notice to you and without any liability to Shore Tents and Events LLC.
3.1.4.
Shore Tents and Events LLC Services are not available to International Customers.
4.FEES
4.1.
The Deposit Fee is due, in advance of the provision of services. In the event that Shore Tents and Events LLC determines that the services of a collection agency are necessary or appropriate to collect amounts due under this paragraph, which determination shall be made in Shore Tents and Events LLC’s sole and unfettered discretion, any and all collection agency fees and other costs of collection shall be added to any amounts due under this provision.
4.2.
Deposit Fees must be paid in United States Dollars in advance of the provision of services. If payment in full is not received by Shore Tents and Events LLC from the provider of your Payment Account or its agents, you agree to pay all amounts due from you for Your Services upon demand by Shore Tents and Events LLC. The remaining balance is due on your event date and/or delivery.
4.3.
Shore Tents and Events LLC may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for Your Services. Any such promotions or modifications shall not effect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Promotional fees and special offers may not be combined. Our special pricing packages pricing is only valid for our special pricing packages listed on this page, and is not valid on any other items not listed on this page (standard pricing applies to any specially or custom items or any other items you need other than the inventory included in our pricing packages page. Those items can easily be added to your order for an additional fee.) State and local taxes, delivery fees, and permit fees (if required), are not included.
4.4.
You shall pay all costs of collection, including reasonable attorney’s fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an additional fee of $49.95, which must be paid in full.
4.5.
Shore Tents and Events LLC does not accept orders from International Customers.
4.6.
A credit card number and/or 50% deposit is required to reserve an event date. A signed “Rental Contract” is required upon delivery/installation. Cash or check payment in the full amount is required upon delivery. Shore Tents and Events LLC reserves the right to cancel a reservation due to severe/unsafe weather conditions at no cost to the lessee.
4.7.
All Shore Tents and Events LLC prices, policies, and services are subject to change, without notice.
4.8.
Deposits are NON-REFUNDABLE. ALL SALES ARE FINAL. Your deposit secures your event date. There are no refunds. However if severe weather impacts your event date, we reserve the right to change your event date without any fee. You are also able to make changes to your order (head counts) 10 days before your event date. If severe weather, an act of god, or national emergency impacts your event date, we will extend courtesy by allowing you to re-schedule your event up to TWO years without penalty applying your deposit, however we offer no refunds, for any circumstances, on deposits.
4.8.
DAMAGE WAIVER FEES: Shore Tents and Events LLC charges a Damage Waiver of 100% of the cost (of the invoice price) on any equipment that is damaged or missing (except linens) (together, “DW Items”). DW items are tents, tables, chairs, lighting, china, dance floors, or any other equipment that is not linens. Damage Waiver is NOT OPTIONAL. You will be liable for all loss of or damage to: (a) any and all other (DW) Item(s), to the extent such loss, damage or destruction: in whole or in part from: (b) your breach of this Contract; (b) your failure to timely return any DW Item(s); (c) gross negligence, misuse and/or abuse; (d) vandalism and malicious mischief, (e) use of alcohol or drugs; (f) violation of any law or policy of insurance. DAMAGE WAIVER IS NOT INSURANCE, NOR IS IT A WARRANTY.
4.8.
PERMIT FEES: Some cities, counties or municipalities may charge a fee for large events or outdoor gatherings. Permits themselves and any permit fees may be required for your event. If this is the case, then Shore Tents and Events LLC can help obtain your permit for an additional fee (fees may vary depending on locale). Or the client is free to obtain the permit themselves. If you forego having ST&E obtain your permits and do the work yourself and you end up failing to secure any permit and if your event gets shut down due to any local permit ordinance, ST&E will not be held responsible or liable if your event is cancelled due to any permit issues.
4.8.
DELIVERY FEES: Shore Tents and Events LLC serves the entire state of Florida. Delivery fees may apply depending on your event location. Delivery fees are determined by how far you are from our home base in Clearwater FL. The customer will be informed of any delivery fees on their invoice.
4.9.
STATE AND LOCAL TAXES: Shore Tents and Events LLC is required to collect the mandatory 6% Florida state sales tax plus the Pinellas County FL local sales tax of 1% for a total of 7% sales tax ordered on all of our services.
5.0.
DEPOSITS & OTHER FEES: 50% of the cost of the invoice is required upfront and non-refundable. Initial deposits can be made via credit card, money orders, cash, or PayPal. Final deposits must be made with 48 hours of the event date. Final deposits can only be made via PayPal, credit cards, cash, or money order. If booking an event within 48 hours, and delivery and inventory is available, then full payment is required and full payment must be made via PayPal/credit card, money order, or cash. No checks will be accepted. Furthermore, an additional fee may be required for rush delivery, and rush setup for events booked within 48 hours. If your booking an event within 48 hours, an additional fee may be required for pick-up (if applicable).
5. NO WARRANTIES BY SHORE TENTS AND EVENTS LLC
THE SHORE TENTS AND EVENTS LLC SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SHORE TENTS AND EVENTS LLC SERVICES IS AT YOUR SOLE RISK.SHORE TENTS AND EVENTS LLC DOES NOT MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SHORE TENTS AND EVENTS LLC SERVICES. NO WARRANTY IS MADE BY SHORE TENTS AND EVENTS LLC REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND SHORE TENTS AND EVENTS LLC HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES; AND WE MAKE NO GUARANTEE THE SERVICE WILL PERFORM UP TO ANY LEVEL OF EXPECTATIONS.
6. SHORE TENTS AND EVENTS LLC’S LIMITED LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL SHORE TENTS AND EVENTS LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE SHORE TENTS AND EVENTS LLC SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, SHORE TENTS AND EVENTS LLC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY RELEASE SHORE TENTS AND EVENTS LLC FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF SHORE TENTS AND EVENTS LLC FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO SHORE TENTS AND EVENTS LLC IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, BUT IN NO EVENT TO EXCEED $150,000.
7.YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES
7.1.
You agree and warrant that the contact information you have provided to Shore Tents and Events LLC is complete and accurate, and you further agree to notify Shore Tents and Events LLC within fifteen days of a change to any such contact information. Contact information includes your full legal name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, your website.
7.2.
You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the Shore Tents and Events LLC Services.
7.3.
You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the Shore Tents and Events LLC Services and that no taxing authorities shall have any claim against Shore Tents and Events LLC or any persons affiliated therewith for the payment of such taxes.
7.4.
You represent and warrant that you are over eighteen years of age (twenty one in places where eighteen years is not the age of majority) and are fully competent to enter into this Agreement.
7.5.
You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions, and that you are not listed in the “Entity List” or “Denied Persons List” maintained by the US Department of Commerce or the list of “Specially Designated Nationals and Blocked Persons” maintained by the US Department of Treasury. You further acknowledge that you are not a national or resident of a country whose name is otherwise omitted from the registration form for Shore Tents and Events LLC Services.
7.6.
SEVERE WEATHER: WARNING. TENTS, LIGHTS, AND GENERATORS CAN BE DECEPTIVELY DANGEROUS, AND MAY MOVE, COLLAPSE, LEAK, OVERTURN OR CATCH FIRE, PARTICULARLY DURING SEVERE WEATHER. Use such Rented Item(s) only for their intended use(s) and only in compliance with applicable Instructions. You agree to: (a) maintain and post an OSHA-compliant Evacuation Plan for all rented tents; and (b) if severe weather occurs or threatens: (i) discontinue use of and EVACUATE such Item(s); (ii) notify us of the same immediately; and (iii) take all necessary steps to: (A) ensure the safety of all occupants; (B) protect all Rented Items; and (C) permit Shore Tents and Events LLC to postpone delivery and/or installation of, or dismantle and store or retrieve any or all such Item(s) (without obligating Shore Tents and Events LLC to do so). (8) In the event of a Malfunction, you will immediately notify us, and provided the Malfunction did not result from your wrongful or negligent act or omission, we will: (a) repair the subject Rented Item; (b) provide you with a replacement; or (c) prorate the Rent and cancel this Contract. The foregoing remedy is EXCLUSIVE. Shore Tents and Events LLC will have no obligation other than as set forth herein regarding Malfunctions. You waive and relinquish any and all claims arising therefrom or associated therewith. (9) Except with respect to Rented Items which Shore Tents and Events LLC rents from one or more third parties (each, an “Owner”) and then re-rents to you (“re-rented items”), Shore Tents and Events LLC alone owns and will retain title to all Rented Items. Your only right with respect to such Item(s) (including re-rented Item(s)) is to use it/them in full compliance with this Contract during the Term. You will not permit the taking or existence of any lien, claim or encumbrance on any Rented Item. You may not transfer, sublet or assign any Rented Item(s) or this Contract without Shore Tents and Events LLC’S prior written consent.
7.7.
You agree to rent the Rented Item(s) from Shore Tents and Events LLC, and Shore Tents and Events LLC agrees to rent the Rented Item(s) to you, for the period(s) specified on Page 1 (the “Term”) subject to the terms of this Contract. You agree to pay Shore Tents and Events LLC the rental rate(s) set forth on Page 1 (the “Rent”), together with any other charges accruing hereunder, without proration, reduction or setoff, until the Rented Item(s) is/are returned to and accepted by Shore Tents and Events LLC. Rental rates are for normal use of the Rented Item(s) on a daily or per-event basis. The Rent will be increased for any additional time or use. No allowance will be made for period(s) of nonuse. Shore Tents and Events LLC has estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). You agree to pay Shore Tents and Events LLC: (a)(i) any “deposit” specified on Page 1 (or if none, 50% of the Estimated Rent) upon reservation; and (ii) 100% of the remaining Estimated Rent prior to commencement of the rental Term (together with the deposit, the “Prepayment”); and (b) any other amounts coming due hereunder upon demand by Shore Tents and Events LLC. You agree that: (a) Shore Tents and Events LLC may deduct any amount you owe us from any Prepayment; (b) no interest will accrue on any Prepayment; and (c) no Prepayment will be deemed a limit of your liability to Shore Tents and Events LLC. PREPAYMENTS ARE NONREFUNDABLE, unless separately agreed in writing by Shore Tents and Events LLC. Anything remaining with, in or on any Rented Item(s) upon return will, at our option, be deemed surrendered and abandoned.
7.8.
AT ALL TIMES DURING THE TERM, YOU WILL ENSURE THAT: (a) each Rented Item is used safely and only: (i) for its intended purpose(s); (ii) within its rated capacity; (iii) at the address set forth on Page 1 (the “Site”); (iv) by properly qualified, certified and/or licensed (as applicable) operators; and (v) otherwise in full compliance with the “Instructions” identified in Section (6) below, as well as all applicable laws, rules, regulations and ordinances; and (b) ANY AND ALL CHILDREN USING OR OCCUPYING ANY RENTED ITEM(S) ARE SUPERVISED BY AN ADULT. You will not, nor will you permit anyone else to abuse, misuse, overuse, overload, remove from the Site, conceal, repair, modify, move, damage, destroy, take possession of or exercise control over, any of the Rented Item(s) without our prior consent (granted, conditioned or denied in the sole discretion of Shore Tents and Events LLC).
7.9.
If Shore Tents and Events LLC agrees to deliver, install and/or retrieve any Rented Item(s), you agree to: (a) pay our delivery and/or retrieval charge(s), including without limitation, inter-island freight, airfare, per diem and accommodations (as applicable); (b) be present (or ensure your representative is present) at the Site at the agreed time(s); (c) ensure our representatives have reasonable access to the Site; (d) give any required notice(s) to governmental authorities; and (e) unless we agree to do so on your behalf (in which event, you agree to pay our regular charges therefor, as well as all related costs and expenses), obtain all necessary licenses, permits, authorizations and approvals in advance (including without limitation, the approval of the Site owner). We will not be responsible for any delay(s) caused by other parties, including providers of other equipment, products or services related to your event (“Other Providers”) for which you agree to indemnify, defend and hold harmless Shore Tents and Events LLC. If you are not present upon delivery or retrieval of the Rented Item(s), you agree to accept the statements of our representatives regarding the same (including the status, location(s), condition and quantities).
7.10.
You will protect the Rented Item(s) at all times and keep them safely and securely stored and locked when not in use. You will return the Rented Item(s) to Shore Tents and Events LLC on time, clean and in good order, condition and repair. If you fail to do so, you will pay Shore Tents and Events LLC: (a) Rent for each succeeding full rental period until the Rented Item(s) is/are returned or replaced as required; and (b) all costs and expenses Shore Tents and Events LLC may incur in: (i) doing so, or at our option, (ii) replacing the subject Rented Item(s). Certain items may be delivered on pallets, or in crates, cartons or boxes, and may be stacked, bagged, racked, folded, rolled and/or strapped (“Packed”). Upon return, you will ensure that all Rented Items are properly Packed, using the same packing materials.
7.11.
Upon your execution of this Contract (or upon later delivery of the Item(s), unless you immediately reject it/them), you represent, warrant and agree that: (a) each Item: (i) is in good repair and operating condition and is in all ways acceptable to you; (ii) is appropriate for your purposes; and (iii) was selected solely by you, not based on any recommendation by Shore Tents and Events LLC; and (b) you: (i) have received, read and understood the training, instructions, user manuals, maintenance requirements, and other information, if any (including all training required under applicable EPA, OSHA, NFPA, ASSE and/or ANSI Standards) regarding the proper and safe transportation, installation, fueling, use, maintenance and storage of such Item(s), (collectively, “Instructions”); (ii) will fully comply therewith (including EPA Tier 4 regulations, to the extent applicable); (iii) have been made aware of the need to use all recommended and required safety equipment; (iv) will use each Item only for its intended purpose, in a reasonable and safe manner; (v) will give any required notice(s) to governmental authorities; (vi) will timely obtain all necessary licenses, authorizations and approvals; (vii) will advise all local utilities and cable companies before driving stakes or using any Item(s) to dig or disturb the ground surface (viii) will immediately cease using any Item that breaks down, malfunctions or proves defective (each, a “Malfunction”); and (ix) will ensure that all others (including without limitation, other authorized users of the Items) comply with this Section.
7.11.
INSTALLATION: Lessee grants Shore Tents and Events LLC and its employees the right to enter location at time of delivery and pick-up. Delivery and pick-up times are approximate. Erecting a canopy tent or an inflatable requires stakes be driven into the ground. It is the responsibility of the lessee to be aware of and inform Shore Tents and Events LLC of any underground water, sprinkler, electrical or sewage lines, etc. It is the responsibility of the lessee if any underground damages occur. It is the responsibility of the lessee to obtain any and all necessary inspections and/or permits.
8. CONFIDENTIALITY, TRADEMARK, AND COPYRIGHT
8.1
During the course of this Agreement you may gain access to certain confidential, proprietary and trade secret business or technical information belonging to Shore Tents and Events LLC in connection with Shore Tents and Events LLCs performance of the Shore Tents and Events LLC Services (“Confidential Information”). You agree to preserve the confidentiality of all Confidential Information that is provided in connection with the Agreement, and shall not, without the prior written consent of Shore Tents and Events LLC, disclose or make available to any person, or use for your own or any other person’s benefit, other than as necessary in performance of your obligations under this Agreement, any Confidential Information of Shore Tents and Events LLC. Shore Tents and Events LLC retains all right and title to such Confidential Information.
8.2
Unless expressly stated otherwise on the Shore Tents and Events LLC Web Site, you should assume that all content, images, and materials appearing on this Web Site (collectively the “Shore Tents and Events LLC Content”) are the sole property of Shore Tents and Events LLC. Both U.S. and international copyright laws and treaties protect such Shore Tents and Events LLC Content. You may not use, reproduce, display, or sell any Shore Tents and Events LLC Content without Shore Tents and Events LLC’s prior written consent. You may not link to any page within Shore Tents and Events LLC’s Web Site or frame any portion of the site without Shore Tents and Events LLC’s prior written consent.
9. YOUR INDEMNIFICATION OF SHORE TENTS AND EVENTS LLC & OTHER OBLIGATIONS
You agree that you shall fully defend and indemnify Shore Tents and Events LLC, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement, including, but not limited to, your warranties set forth in Section 8 or your violation of a third party’s intellectual property rights. You further agree to defend, indemnify and hold harmless Shore Tents and Events LLC, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that Shore Tents and Events LLC shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.
9.1.
SHORE TENTS AND EVENTS LLC IS NOT THE MANUFACTURER OR DESIGNER OF ANY OF THE RENTED ITEM(S). ALL SUCH ITEMS ARE PROVIDED “AS-IS”. NEITHER SHORE TENTS AND EVENTS LLC NOR ANY OWNER, MAKES ANY WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, CAPACITY, FREEDOM FROM DEFECTS OR WORKMANLIKE PERFORMANCE) REGARDING ANY ITEM(S) OR SERVICE(S) PROVIDED BY SHORE TENTS AND EVENTS LLC OR ANY OWNER, NOR DOES SHORE TENTS AND EVENTS LLC OR ANY OWNER MAKE ANY WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT, ALL OF WHICH YOU HEREBY WAIVE. NO DESCRIPTIONS OR ADVERTISEMENTS BY SHORE TENTS AND EVENTS LLC CONSTITUTE REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU: (A) ASSUME ALL RISK OF INJURY, LOSS, DAMAGE, DESTRUCTION AND ENVIRONMENTAL CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH THE ITEM(S) AND SERVICES REFERENCED HEREIN, INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS AND DAMAGES ARISING FROM OR IN CONNECTION WITH THE SELECTION, INSPECTION, DESIGN, MANUFACTURE, USE, STORAGE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, MAINTENANCE, REPAIR AND/OR RETRIEVAL OF THE RENTED ITEM(S), INCLUDING CLAIMS AND LIABILITIES ARISING FROM OUR NEGLIGENCE OR ALLEGED NEGLIGENCE; AND (B) HEREBY RELEASE AND DISCHARGE SHORE TENTS AND EVENTS LLC AND ALL OWNER(S) FROM AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHORE TENTS AND EVENTS LLC AND SUCH OWNER(S), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OWNERS, REPRESENTATIVES, INSURERS, SUBROGEES, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING FROM OR ASSOCIATED WITH ANY AND/OR ALL OF SUCH ITEM(S) AND/OR SERVICES. You waive all rights and remedies available under the Uniform Commercial Code, as well as all claims against us for incidental, consequential, special, exemplary and punitive damages. Your duties are UNCONDITIONAL.
9.2.
You grant Shore Tents and Events LLC a perpetual, paid-up, royalty-free license to create, edit, display, and distribute photos and videos of the Rented Item(s) at your event, publicly or privately, as we deem appropriate.
9.3.
Shore Tents and Events LLC may, without notice or liability to you inspect any Rented Item(s) at any time. If any performance required of Shore Tents and Events LLC is delayed or rendered impractical as a result of any act or omission of any Other Provider(s) or any “Act of God” (e.g., any event, fact or circumstance beyond Shore Tents and Events LLC’s reasonable control), Shore Tents and Events LLC will be excused from such performance. You waive the benefits of any and all statutes of limitations regarding Shore Tents and Events LLC’s rights and remedies. All amounts due hereunder but not timely paid will bear interest at the highest rate permitted under applicable law until paid. You authorize Shore Tents and Events LLC to obtain and retain your credit information and history, and to submit all amounts coming due hereunder for payment on your debit or credit card, and you waive all claims with respect thereto. You agree to pay Shore Tents and Events LLC the maximum lawful charge for any check you write which is returned unpaid. This Contract cannot be further amended or extended except in a writing signed by both you and Shore Tents and Events LLC. Shore Tents and Events LLC’s maximum liability in connection with this Contract is limited to the amount(s) actually paid by you hereunder. This Contract allocates to you the risk of injury, loss of, or damage to, persons or property arising in connection with the Item(s), and that allocation is reflected in a reduced Rent. You will pay: (a) Shore Tents and Events LLC’s attorneys’ fees and other costs of enforcing this Contract, and (b) all taxes (including all sales, use, transfer, value added, environmental and other taxes), fines, fees, assessments and other charges related to each Rented Item. Neither Shore Tents and Events LLC’s exercise, nor its failure or delay in the exercise, of any rights or remedies will constitute an election of remedies or a waiver of any right or remedy Shore Tents and Events LLC may have.
9.4.
This Contract, and any Addenda signed or provided by Shore Tents and Events LLC, represent the entire agreement between you and Shore Tents and Events LLC, superseding all other oral and written agreements and representations (including Shore Tents and Events LLC’s website and advertising). The terms of this Contract are severable. If any provision hereof is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be modified to the minimum extent necessary to make such provision valid and enforceable, or if no such modification shall be possible, deleted, and in either such event, the remainder of this Contract will remain valid and in full force and effect. Time is of the essence. There are no third-party beneficiaries hereto other than the Owner(s) of re-rented Item(s). This Contract will be deemed to apply not only to all Item(s) identified on Page 1, but also to all other items you obtain from Shore Tents and Events LLC (except only as otherwise agreed by Shore Tents and Events LLC). This Contract (a) has been specifically negotiated by the parties hereto (each waiving any and all rights to claim it constitutes an “adhesion contract”); and (b) shall be interpreted under the laws of the State of Florida, with proper venue for any and all associated legal proceedings lying solely and exclusively in the federal and state courts located in or nearest to Clearwater, FL. You hereby consent and submit to such jurisdiction and venue and waive all claims that such venue constitutes an inconvenient forum. Digital, electronic, photocopied or facsimiled signatures on Page 1 will be enforceable as originals.
9.4.
Warning: Obtaining rental property through deception, or failing to timely return Rented Item(s) may result in criminal prosecution under FL 812.155, et seq. The undersigned has carefully read, understands and agrees to these Terms and Conditions and personally guarantees the Customer’s/Lessee’s prompt payment and performance of its obligations arising hereunder and/or in connection herewith.
9.5.
Lessee shall be fully responsible for the safe operation of all equipment after taking delivery. Shore Tents and Events LLC and its officers, employees and agents are not responsible for any injuries occurring to the Lessee or any party using the leased property. Shore Tents and Events LLC and its officers, employees and agents are not responsible for any damage to the Lessee’s property resulting from the delivery and/or operation of rental equipment including, but not limited to, any damage to Lessee’s lawn and/or grounds. Lessee further agrees to hold Shore Tents and Events LLC free and harmless against any claims and further, Shore Tents and Events LLC shall be indemnified for any and all costs incurred due to claims from anyone; including court costs, attorney fees, and other related costs involving the use of the leased equipment. Lessee is responsible for the replacement value of the leased equipment in the event of theft, vandalism, fire, misuse or any act that may damage or destroy the leased property.
10. NO JOINT VENTURE OR PARTNERSHIP
Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between Shore Tents and Events LLC and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between Shore Tents and Events LLC and you. Shore Tents and Events LLC shall have no control or ownership interests of any kind in your business. Shore Tents and Events LLC shall have no direct financial or other interest in, nor in any way “own” any online “store” or other online venture pertaining to your use of the Shore Tents and Events LLC Services. Shore Tents and Events LLC’s relationship to you shall be restricted to matters pertaining to the provision of the Shore Tents and Events LLC Services as set forth in this agreement.
12. SERVICES RENDERED ON A NON-EXCLUSIVE BASIS
Any and all services which are or may be provided to you by Shore Tents and Events LLC pursuant to this Agreement, including the licensure of rights herein, are non-exclusive and nothing in this Agreement shall limit or restrict Shore Tents and Events LLC from providing similar services and granting similar licenses to third parties regardless of whether such third parties are competitors of you. Nothing in this Agreement shall limit or restrict Shore Tents and Events LLC from engaging in any activities similar to yours or in competition with you.
14. PRIVACY
14.1.
It is Shore Tents and Events LLCs policy to respect your privacy. Read our current Privacy Policy. Shore Tents and Events LLC will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless Shore Tents and Events LLC deems it necessary, in its sole discretion, to:
14.1.1.
comply with legal process or other legal requirements, including but not limited to responding to civil or criminal subpoenas, search warrants, national security letters, or other requests for information from law enforcement officials;
14.1.2.
protect and defend the rights or property of Shore Tents and Events LLC or its officers, agents, affiliates, and licensees;
14.1.3.
enforce this Agreement; or
14.1.4.
protect the interests of other Shore Tents and Events LLC customers.
15. SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.
16. NON-ENFORCEMENT DOES NOT CONSTITUTE WAIVER
Failure of Shore Tents and Events LLC at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of Shore Tents and Events LLC.
17. NOTICES
17.1.
Shore Tents and Events LLC may provide notice to you via e-mail sent to the e-mail address provided by you upon registration or as subsequently provided by you to Shore Tents and Events LLC. Such notice is deemed effective whether you receive it or not and shall be deemed written notice for the purposes of this Agreement.
17.2.
You may provide notice to Shore Tents and Events LLC in one of the following ways:
17.2.1.
by personal delivery;
17.2.2.
by addressing the notice as indicated below and depositing the same by registered or certified mail, postage prepaid, in the United States mail, Shore Tents and Events LLC. 2520 McMullen Booth Rd. Ste B. #210, Clearwater, FL, 33761;
17.2.3.
by Federal Express;
17.2.4.
by facsimile transmission; or
17.2.5.
by e-mail and registered or certified mail.
17.3.
Such notice, statement or other document so delivered to Shore Tents and Events LLC, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. Notice by e-mail to Shore Tents and Events LLC shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail, and postmarked not more than five days subsequent to the giving of e-mail notice. Any such e-mail notice to Shore Tents and Events LLC shall be deemed effective as of the date on which Shore Tents and Events LLC receives the certified or registered mail notice.
18. FORCE MAJEURE
18.1.
In the event of “force majeure” (as defined below), Shore Tents and Events LLC may terminate this Agreement without liability to you. For purposes of the Agreement, “force majeure” shall mean circumstances or occurrences beyond Shore Tents and Events LLC’s reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which Shore Tents and Events LLC cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the Shore Tents and Events LLC Services are located or maintained or through which the Shore Tents and Events LLC Services are provided, and nonavailability of any permits, licenses and/or authorizations required by governmental authority.
18.2.
Shore Tents and Events LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Shore Tents and Events LLC Services (or any part thereof) with or without notice. You agree that Shore Tents and Events LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Shore Tents and Events LLC Services.
19. NO ASSIGNMENT BY YOU; ASSIGNMENT BY SHORE TENTS AND EVENTS LLC
This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without Shore Tents and Events LLC’s prior written consent. Notwithstanding the above, this Agreement shall be binding upon your successors and assigns, if any. Shore Tents and Events LLC may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion.
20. ARBITRATION AND WAIVER OF JURY TRIAL
20.1.
ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY BINDING ARBITRATION IN CLEARWATER, FLORIDA IN ACCORDANCE WITH THE RULES OF JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC (“JAMS”) AND IN ACCORDANCE WITH THE RULES OF JAMS. Any award arising out of such arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in the United States. Any action to confirm or vacate such an award must be brought in either the Pinellas County Court, Florida or the United States District Court for the Sixth District Judicial Court in Florida. You consent to personal jurisdiction and venue in such courts and you waive any challenge to personal jurisdiction or venue in such courts. You further agree that Shore Tents and Events LLC shall be entitled to collect its attorneys’ fees, costs and other expenses in the event that Shore Tents and Events LLC acts to enforce this arbitration and forum selection clause, regardless of whether Shore Tents and Events LLC prevails in the underlying action. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of Florida Sixth Judicial Court in Pinellas County and the federal law of the United States of America. There are no exceptions to these mandatory arbitration provisions except as set forth in Sections 21.2 and 21.3.
20.2.
Notwithstanding the provisions of Section 21.1, if you fail to timely pay amounts due Shore Tents and Events LLC may assign your account for collection and the collections agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by Law or this Agreement.
20.3.
Nothing in Section 21.1 shall preclude Shore Tents and Events LLC from: (i) seeking and obtaining any injunctive relief or attachment and expedited discovery or other equitable relief to enforce the terms of this Agreement or to remedy a breach thereof, or (ii) bringing an action to enforce this Agreement or the provisions hereof in the event JAMS will not or cannot arbitrate a particular dispute. Any action under this section 21.3 may be brought in the United States State of Florida Sixth Judicial Court in Pinellas County, and each party consents to the in personam jurisdiction of such Courts for the purpose of any such action or proceeding. Each party hereby waives all rights it has or which may hereafter arise to contest such exclusive jurisdiction of the United States State of Florida Sixth Judicial Court in Pinellas County, Florida.
20.4
In addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND SHORE TENTS AND EVENTS LLC THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this paragraph are waived.
20.5
Neither you nor Shore Tents and Events LLC may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. YOU AND SHORE TENTS AND EVENTS LLC ACKNOWLEDGE THAT THIS SECTION 21.5 WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION
20.6
This Agreement shall be interpreted according to the laws of the state of Florida, United States of America, and, where applicable, the federal law of the United States of America, without regard to conflicts of law principles.
21. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of Shore Tents and Events LLC or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and Shore Tents and Events LLC and you hereby acknowledge and agree that neither Shore Tents and Events LLC nor you have executed this Agreement in reliance upon any such representation or promise.
22. MODIFICATION
22.1.
This Agreement may be materially altered by Shore Tents and Events LLC by posting the new version of the Agreement on https://shoretents.events and if posted in this manner, shall be effective immediately upon posting such notice. In the event that Shore Tents and Events LLC does materially change the terms of this Agreement, you accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of such change.
22.2.
You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of Shore Tents and Events LLC. No additional or conflicting term in any other document used by you will have any legal effect.
23. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.