THIS RENTAL POLICY (this “Policy”) is between Sapphire Fountains, LLC, a Utah limited liability company (“Sapphire”), and the person or entity renting any fountain equipment (the “Equipment”).
Rental Period. The rental period is for the Equipment listed on the order for the date(s) agreed to between the parties.
Delivery and Pick-Up Times. Our standard delivery schedule is delivery the day of the event with pick up the day after. However, deliveries and pick-ups are scheduled anywhere up to [1 – 3 days] before and after your event based on the number and location of events in our system. The delivery and pick-up day and estimated time window will be confirmed [1 week] prior to your event. These are estimated times and are not guaranteed by Sapphire.
Fees. Client agrees to pay Sapphire the fees specified in an order for the Equipment. Client shall be responsible for additional days rent at the per day rate in the event Equipment is not timely returned or available for pick-up as agreed. No refunds will be given for unused rental items.
Security Deposit. Client shall pay to Sapphire a security deposit of [•]% of the total price (“Deposit”) to guarantee and cover client’s faithful performance of each and every term, condition, and covenant required of client hereunder. Sapphire shall not be obligated to keep the Deposit in a separate or interest-bearing account. Upon termination, Sapphire shall return the Deposit to client upon client’s surrender of the Equipment in good and working order, ordinary wear and tear and depreciation excepted.
Credit Card Authorization. A credit card is required to be kept on file. If final payment has not been made by [•], the card on file will be automatically charged.
Ownership of Equipment. All of the Equipment rented to the client and all equipment, attachments, accessories, and modifications placed on or made to the Equipment by Sapphire or client as well as all repairs to the equipment are Sapphire’s property.
Condition of the Equipment. Client acknowledges and agrees to accept the Equipment “as is”, “where is” and “with all faults.” Client acknowledges that Sapphire has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the Equipment, including without limitation, any warranty of merchantability or fitness for a particular purpose. Sapphire shall not be liable to client (or client’s affiliates, representatives, invitees or guests) for any liability, loss, or damage caused directly or indirectly by the Equipment, by any inadequacy thereof or defects therein, or by any incident in connection therewith.
Use and Preservation of the Equipment. Client shall use the Equipment solely at the scheduled event and solely for decorative or aesthetic purposes. Client shall use the Equipment in a careful and proper manner, shall comply with all applicable laws and regulations in the conduct of its use, and shall maintain the Equipment in good repair and condition. Further, client acknowledges and understands that the Equipment, specifically the fountain, may contain large quantities of water and may leak. Any leakage of water from the Equipment is capable of causing significant damage to property and persons. Client agrees to use reasonable care in monitoring the Equipment for leakages and will promptly notify Sapphire in the event of a leak and will take all actions reasonably necessary to mitigate any damages to property and persons that any such leakage may cause.
Damage and Destruction. If the Equipment is damaged or destroyed, Sapphire shall have no obligation under this Policy or otherwise, to repair or replace it. Client shall be responsible for all damage or loss to the Equipment (up to the full retail replacement value of such Equipment), whether such damage is caused by client, client’s guests, event venue staff, or third party event vendors, until the Equipment has been properly returned to Sapphire. Client shall return or cause to be returned all Equipment by the due date listed in the order.
Maintenance. Client is responsible for care and normal service of the Equipment and is responsible for all damages, direct or indirect due to lack of protective care. Further, Sapphire shall have the right at any time to enter the premises where the Equipment is being used or is thought to be located without becoming liable for trespass or fraud and shall be given free access thereto for the purpose of inspection or service of such Equipment. Client agrees that it shall not permit any other person to tamper with or otherwise physically touch the Equipment.
No Assignment or Subletting. Client shall not sublet the Equipment or any part thereof without the prior written approval of Sapphire.
Indemnity. Client shall hold harmless and indemnify Sapphire and its owners, agents and employees, as well as the Equipment manufacturers and distributors, for any loss, damage or costs (including attorneys’ fees), including any loss or damage that results from claims for personal injury, death or property damage, related to the (a) installation, operation, use, possession or rental of the Equipment or (b) errors, omissions, inaccuracies, or misrepresentations (whether intentional or inadvertent) in the documents or other information provided by client, or obtained from others, upon which Sapphire relies when providing the Equipment.
Limitation of Liability. In no event shall Sapphire be liable or responsible to client, including client’s affiliates, representatives, guests, event venue staff, or third party event vendors, or any other party for: (a) any loss, damage or injury caused by, resulting from or in any way connected with the Equipment, its operation or its use; (b) Sapphire’s failure to deliver the Equipment as required hereunder or Sapphire’s failure to repair or replace non-working Equipment; or (c) any incidental, consequential, punitive or special damages, even if so advised of the possibility of such damages. Client acknowledges and assumes all inherent risks in the operation, use and possession of the Equipment from the time the Equipment is delivered to client until the Equipment is returned to Sapphire and will take all necessary precautions to protect all persons and property from injury or damage from the Equipment.
Binding Effect. The terms and conditions of this Policy shall extend to and be binding upon the parties hereto, and the heirs, executors, legal representatives, successors and assigns of the parties hereto. This Policy contains the entire Policy between the parties relating to the rental of the Equipment. Any amendment or other modification to this Policy shall be in writing and signed by both parties.
Governing Law; Jurisdiction. This Policy shall be governed by, and construed in accordance with, the Law of the State of Utah applicable to contracts to be carried out wholly within such State, without regard to its provisions of conflict of Laws. The Parties hereby agree that any action, suit, arbitration or other proceeding arising out of or related to this Policy or the relationship created hereby shall be conducted in Salt Lake County, Utah. Each Party hereby irrevocably consents and submits to the personal jurisdiction of and venue in the United States District Court for the District of Utah and the Third District Court for Salt Lake County, State of Utah in any legal action, equitable suit or other proceeding arising out of or related to this Policy or the relationship between the Parties created hereby.
Waiver of Jury Trial. To the fullest extent permitted by law, client covenants and agrees not to elect a trial by jury of any issue triable of right by a jury, and waives any right to trial by jury fully to the extent that any such right shall now or hereafter exist. This waiver of right to trial by jury is given knowingly and voluntarily by client, and this waiver is intended to encompass individually each instance and each issue as to which the right o a jury trial would otherwise accrue.
Severability. If any provision of this Policy shall be held invalid and unenforceable, the remaining provisions shall, nevertheless, remain unaffected and continue in full force and effect as valid and enforceable.
Force Majeure. Neither party shall be liable to the other party for failure to comply with the terms of this Policy or performance of its obligations hereunder to the extent such failure has been caused by Force Majeure, provided that the non-performing party shall give notice to the other party as soon as commercially possible and shall exercise reasonable efforts to resume performance. For the purposes of this Policy, “Force Majeure” shall mean fire, war, insurrection, act of terrorism, riots, flood, hurricane, typhoon, earthquake, tornado, mudslide, tsunami, and any other natural disaster, pandemic or other causes beyond the reasonable control and not due to the fault of the non-performing party.
