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Rental Terms

I. FEES AND DEPOSITS. Client may rent furnishing, accessories, equipment and other goods (“Products”) from WadeEvents at a fee (“Service Fee”) listed in the Rental Services Form attached as Attachment A and incorporated herein. Upon Client signing the Agreement, Client shall pay to WadeEvents an amount equal to thirty-five percent (35%) of the Service Fee (“Reservation Fee”) and a damage deposit in an amount set forth in the Rental Services Form (“Damage Deposit”). Any and all remaining fees set forth in the Rental Services Form shall be paid by Client to WadeEvents no less than one (1) hour after the scheduled set-up time in which WadeEvents is supplying furnishings and/or accessories and/or services (“Payment Deadline”). No reservations may be made without WadeEvents’ receipt of a signed Agreement, Reservation Fee and Damage Deposit from Client.

II. CANCELLATION. Client may cancel a reservation by providing notice of the cancellation to WadeEvents. If notice of cancellation is provided fourteen (14) or more days prior to the Payment Deadline, Client shall receive a full refund of the Reservation Fee and Damage Deposit. If Client provides notice of cancellation thirteen (13) days or less prior to the Payment Deadline, Client shall forfeit Client’s Reservation Fee and Client shall receive only a refund of the Damage Deposit.

 III. NON-PAYMENT. In the event that WadeEvents has not received all fees due prior to the Payment Deadline or if Client cancels on the day WadeEvents is scheduled to set up or provide services for an event, Client acknowledges and agrees that WadeEvents reserves the right to retain the Reservation Fee, the Damage Deposit, as well as receive from Client all reasonable costs associated with WadeEvents’ removal of WadeEvents’ Products and WadeEvents may immediately terminate this Agreement.

 

IV. VENUE POLICY. WadeEvents shall follow the policies of the venue and adhere to the venue’s guidelines and rules, including those regarding sound levels, capacity limits for seating, decorating without the use of nails, tacks, screws, fasteners, tape (or adhesives), signage, use of candles, water, glitter and confetti décor, and any other restrictions as required by the venue.

 

V. WALKTHROUGH. Client and WadeEvents shall, at a mutually agreeable time, perform two (2) walkthroughs to examine the Products provided. The first walkthrough shall be performed immediately upon the completion of set-up for an event. The second walkthrough shall be completed no more than 15-30 minutes after the event’s designated ending time. In the event that Client, or Client’s representative, is not available to perform the final walkthrough, WadeEvents reserves the right to withhold the full amount of the Damage Deposit and shall perform the final walkthrough without the presence of Client and/or Client’s representative. Client acknowledges and agrees that Client may be held liable for any damaged or missing Products that WadeEvents discovers during the final walkthrough and Client thereby waives Client’s right to contest said damages. It is strongly recommended that Client, or Clients’ representative, be present to perform final walkthrough to ensure no damages have been incurred by any individuals attending the event. If any Products are missing or damaged, the full market value of that item shall be deducted from the Damage Deposit. In the event damages exceed the amount of the deposit, Client shall pay WadeEvents an amount equal to the difference in the fair market value of the damaged Product and the Damage Deposit. Any queries regarding Products and services

 

VI. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL WADEEVENTS BE LIABLE TO CLIENT FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE FURNISHING, PERFORMANCE, OR USE OF ANY PRODUCT OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT AND IN NO EVENT SHALL WADEEVENTS’ LIABILITY FOR ANY DAMAGES EXCEED AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY CLIENT HEREUNDER. THE LIMITATIONS SPECIFIED HEREIN SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

VII. WARRANTIES. Client warrants that it has full authority to enter into this Agreement and to consummate the transactions contemplated hereby. WadeEvents and Client hereby warrant that they shall comply at all times with all applicable state and/or federal laws, regulations, and venue policies and said warranty shall survive termination.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WADEEVENTS DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, WHETHER SUCH REPRESENTATION, WARRANTY OR CONDITION BE EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY REPRESENTATION, WARRANTY OR CONDITION FROM COURSE OF DEALING OR USAGE OF TRADE.

 

VIII. INDEMNIFICATION. Client shall indemnify, defend, and hold WadeEvents harmless from and against any and all losses, damages, causes of action, claims, demands, harm, injury, fines, penalties, assessments, reasonable costs and expenses, including reasonable legal fees and expenses, of whatsoever kind and nature arising out of or on account of or resulting from (i) Client’s breach of this Agreement; (ii) Client’s violation of any applicable law, order regulation; or venue policy; (iii) Client’s misrepresentation or breach of warranty under this Agreement; and (iv) Client’s fault or negligence.

 

IX. TERMINATION. After Client has completed all cancellation obligations in accordance with Article II, “Cancellation” of the Agreement, this Agreement shall terminate. Notwithstanding anything contained herein to the contrary, WadeEvents reserves the right to terminate this Agreement or any Attachment hereto with or without cause upon written notice to Client and any payments received by WadeEvents from Client shall be refunded to Client in full.

 X. FORCE MAJEURE. Neither party shall be liable for delay or failure in the performance of its contractual obligations arising from any one or more events which are beyond its reasonable control. Upon such delay or failure affecting one party, that party shall notify the other party and use all reasonable means to cure or alleviate the cause of such delay or failure with a view to resuming performance of its contractual obligations as soon as practicable. Notwithstanding the foregoing, in every case the obligations of the party not relying on the excusable delay are tolled during the period of any excused non-performance.

 

XI. GENERAL. No modification or waiver of this Agreement or any of its provisions shall be binding upon the parties hereto unless made in writing and duly signed by the parties. A failure or delay of either party to enforce at any time any of the provisions of this Agreement, or to exercise any option which is herein provided, shall in no way be construed as a waiver of such provision nor shall it excuse the other party’s performance of such, nor affect any rights at a later time to enforce the provision. In the event any one or more of the provisions of this Agreement are held by a tribunal of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the invalid or unenforceable provision shall be replaced by a mutually acceptable provision, which, being valid, legal and enforceable, comes closest to the intention of the parties. This Agreement, including any Attachments that are attached hereto and incorporated herein by this reference, constitute the entire agreement between the parties in connection with the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, of the parties with respect to the same subject matter hereof. The validity, construction and performance of this Agreement and the legal relations among the parties to this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of law principles. The parties agree that the courts sitting in Broward County, Florida, shall be the exclusive courts of jurisdiction and venue for any litigation or proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this Agreement.