Rental Gown Agreement
Terms and conditions
* Renter may not, without the prior written consent of the Event Manager or owner of LVLY Bride, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
Client/Renter shall pay the amount in full for a three (3) day use or as described in the rental agreement form of a LVLY Bride Gown/Maternity/Boudoir Robe in the form selected by the customer. By agreeing to the terms of this rental agreement, the customer agrees to allow LVLY Bride LLC to save the card on file used to make a purchase for the rental gown the client has chosen to rent from LVLY Bride LLC.
RENTAL PAYMENT FEE
The total sum of the rental is divided up in the following:
A specific dollar amount as described in the form for the rental duration totaling 3 days from the date selected by the renter
A specific dollar amount for shipping the item to the client and back to our studio located at 10012 S. Oakley Ave. Chicago, IL 6064
and hereby authorize LVLY Bride LLC to charge the debit card or credit card on file with the customer an amount equal to all payments and fees due under this Agreement.
Renter shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:
a) charges for optional services, if any;
b) applicable taxes;
c) loss of, or damage or repair to the Equipment, loss of use, diminution of the equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
d) A $_25___ charge per _day__ for late return of the Equipment or the highest amount allowable under law, unless due to the fault of the owner, all fines, penalties, court costs and other expenses relating to the equipment assessed against the owner or the equipment during the rental term. All expenses the owner incurs due to renter’s failure to return the equipment including costs in locating and recovering the equipment. All costs incurred to collect unpaid monies due; and twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.
In addition to the fees mentioned in the Payment clause, the renter, shall pay a full deposit at the time this agreement is signed. LVLY Bride LLC may use the deposit to cover any amounts due under this agreement.
NON-DELIVERY OR LATE DELIVERY
If you have placed an order for your rental and it does not arrive to you on time, you are eligible for a refund equaling the cost of of the rental item. A refund cannot be given for the shipment costs if they have already been incurred. If your item does not arrive to you on time, you have the option of rescheduling your rental date. If you choose to reschedule your rental date, no refund can be granted.
LOCATION OF EQUIPMENT
During the term of use of the LVLY Bride Gown/Maternity/Boudoir Robe in the form selected by the customer, it shall be located as described unless expressly mutually agreed upon in writing by LVLY Bride LLC and the renter.
CONDITION OF EQUIPMENT
The Condition of Equipment Checklist (“Checklist”) attached is hereby incorporated by reference. Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified in the Checklist. OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CARE OF EQUIPMENT
Equipment shall only be used in a careful and proper manner and shall not be used in any way that is inconsistent with instructions or manuals of the owner, LVLY Bride LLC. The renter agrees to use and return the maternity/ boudoir robe that is in perfect condition. If the maternity/boudoir robe is not in perfect condition, the renter has the legal right to refuse use of the . Renter must provide proof that the maternity/boudoir robe rented to them was initially damaged. To ensure the maternity/boudoir robe does not suffer any damage, renter shall not permit the maternity/boudoir robe or other rented equipment to be used by any person who is not authorized to use such equipment. The renter shall not operate or use the equipment or permit it to be operated or used in violation of law.The renter agrees that they shall not operate, use, or permit the throne chair or any other rented equipment to be operated or used to commit a violation of the law; and/or operate, use, maintain or store the maternity/boudoir robe or any other equipment in a manner likely to cause damage to the throne chair or any other equipment rented out to the client/renter.
REPAIR AND ALTERATIONS
If by any means the maternity/boudoir robe or any other equipment rented to to the renter/client is damaged and requires any repairs or alterations, the costs of all repairs made during the term of the event shall be paid by the renter, in full, including but not limited to labor, material, parts and other items required to repair the damaged throne chair(s) or any other rented equipment. Equipment that is rented out to the client/renter shall not be serviced or repaired and parts and accessories shall not be replaced without prior and or written consent from the owner or operating manager of LVLY Bride LLC.
Renter must carry insurance satisfactory to LVLY Bride LLC equal to the value of the Equipment to ensure its full replacement, unless agreed otherwise in writing by the owner or event manager of LVLY Bride LLC. In the event that the client does not have insurance, the renter agrees to pay for the replacement of the maternity/boudoir robe and or any other items rented to the client/renter.
LOSS OR DAMAGE
If by any means the Rental gown, maternity/boudoir robe or any other rented equipment is lost, stolen, or damaged, the renter shall alert the event manager or owner of LVLY BRIDE LLC to any damage to the equipment. Renter shall be responsible for any loss, stolen, or damage to equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment. The renter has agreed to payment of the rental item, and has agreed that the fee will be automatically deducted from the card on file or the card used to pay for the rental item.
The client has agreed that if by any means the rental gown arrives back to the LVLY Bride LLC studio with the following missing items, the client shall be charged the following fee:
$18.99 if the shipping box has been changed to a different box upon arrival to LVLY Bride LLC
The client will be charged automatically from the card on file or the card used to pay for the rental item.
RETURN OF EQUIPMENT
Renter shall return Equipment on the date specified in Section 1 in the same condition as Renter received it. The renter agrees that they shall return the throne chair (s) or any other rented equipment to the agreed return location. If equipment is not returned on said date, the owner or LVLY Bride LLC and or the event manager of LVLY Bride LLC reserves the right to take any action necessary to regain possession of the equipment. If by any means LVLY Bride LLC incurs any costs to regain possession of the maternity/boudoir robe or any other equipment rented out to the client/renter, the renter/client agrees to cover all costs and will take full responsibility for any costs incurred. If the time of return lands on a holiday, The renter agrees to have the gown shipped out the day the styled shoot ends (October 30th, 2020). Failure to do so will result in a $25 charge per day. Renter shall provide a receipt of shipment.
This Agreement shall terminate on the date specified in Section 1. The owner or manager of LVLY Bride LLC reserves the right to terminate this Agreement earlier upon notice to renter. The owner or manager of LVLY Bride LLC reserves the right to terminate this Agreement at any time. If the event is terminated 14 days or less prior to the date of the event and the renter has made a payment or multiple payments to rent the LVLY bride gown/ maternity/boudoir robe, the client shall receive 30% refund of the initial deposit. (LVLY BRIDE LLC) agrees that 70% will be kept as profit for the inconvenience. Due to the virus (COVID-19) You can expect a shipping delay that is beyond our control. We will try our best to have the item arrive to you on time, however we cannot guarantee the item will arrive to you within the discussed time frame once the item has shipped. If the item does not arrive on your shoot date, LVLY Bride agrees to allow the client to reschedule the shoot. The client has 7 days to organize a new shoot date and an additional 4 days to shoot with the L VLY Bride Gown/Maternity/Boudoir Robe in the form selected by the customer. If the client does not wish to reschedule and wishes to receive a refund, a 40% refund will be given upon the return and pass of an inspection.
INDEMNIFICATION AND LIABILITY
Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
(LVLY Bride LLC) shall at all times retain ownership and title to the maternity/boudoir robe and or any other equipment rented to the client/ renter during the term of their event. The renter shall immediately notify LVLY Bride LLC or the event manager of LVLY Bride LLC in the event that any equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold LVLY Bride LLC harmless against all loss and damages caused by such action. equipment shall be
deemed at all times to be personal property, whether or not it may be attached to any other property.
No failure of LVLY Bride LLC to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. The owner of LVLY Bride LLC acceptance of payment with knowledge of a default by renter shall not constitute a waiver of any breach.
In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.
By Paying for the product, you have agreed to the aforementioned terms and conditions of this agreement.