Terms of Service
This Event Rental Agreement (hereinafter the “Agreement”) BETWEEN Spoon and Salt, LLC, a New Jersey Limited Liability Company (hereinafter “Company”), and the renter (hereinafter, “Renter” and together with Company, the “Parties” and each a “Party”), becomes effective on the date of completion by the Renter of the online process for the rental of tabletop items (hereinafter “Rental Items”) for Renter’s event (hereinafter, “Event”) and event date (hereinafter, “Event Date”) or upon the date both Parties sign the Agreement for Event Extras or Special Orders.
IN CONSIDERATION of the mutual covenants and promises in this Agreement, the sufficiency of which the Parties acknowledge, the Company shall rent the Rental Items to the Renter, and the Renter shall rent the Rental Items from the Company on the following terms and in accordance with this Agreement:
1. RENTAL ITEMS
Company agrees to rent to Renter the items identified in detail in the rental items list or invoice if purchased directly online (hereinafter, “Rental Items List”), which is incorporated by reference, made a part of this Agreement, and attached hereto as Exhibit A, for Renter’s Event (hereinafter, “Event”) scheduled for the Event Date and which you will return to us after expiry or termination of the Agreement, subject to the provisions of this Agreement.
2. TERM AND USE OF RENTAL ITEMS
2.1 Term. This Agreement shall become effective upon the date of completion by the Renter of the online process for the rental of tabletop items as noted in the invoice or once both Parties sign the Agreement for Event Extras or Special Orders. The Agreement shall commence on the period set out in the Rental Items List and shall terminate when the Equipment has been returned to the Company, but shall be not less than the minimum period specified in the Rental Agreement and/or the Rental Items List or termination shall be effective the date a party lawfully terminates the Agreement pursuant to the terms and conditions contained herein. If Renter requires an extension or modification of the Term for any known or unknown reason at the time of signing this Agreement, this must be approved by the Company and shall be determined on a case by case basis.
2.2 Use. The Renter will use the Rental Items in a good and careful manner and will comply with all of the Company’s requirements and recommendations respecting the Rental Items and with any applicable law, whether local, state or federal respecting the use of the Rental Items. The Renter will use the Rental Items for the purpose for which it was designed and not for any other purpose and will not alter, modify or attach anything to the Rental Items without the prior written consent of the Company. Renter shall not remove the Rental Items from the Event premises without the prior written consent of the Company.
3. FEES
3.1. Rental Fees. Renter agrees to pay Company the fees (hereinafter, “Rental Fees”) specified in the Rental Items List, along with applicable delivery charges or other charges stated in the Rental Items List. Rental Fees are for the time the Rental Items are reserved or out and away from Company’s possession, regardless of whether the Rental Items are actually used by Renter. No refunds will be given for unused Rental Items (If Company is holding an item for Renter, Company will not rent it to any other prospective renters).
3.2. Incidental Policy and Charge. Company is aware that situations occur during an event which can cause the Rental Items to suffer damage beyond the usual wear and tear and therefore Company shall charge a modest fee equal to ten percent (10%) of the total Rental Fee (the “Incidental Fee”), which is indicated on the Rental Items List and shall be payable to Company upon final payment. Company will first use the Incidental Fee if any damage occurs. If repair or replacement exceeds the Incidental Fee, Renter will be responsible for the amount in excess of the Incidental Fee that has already been paid. The Incidental Fee is a non-refundable fee whether or not the Rental Items are damaged. All damage and repairs will be discussed with Renter immediately before making any repairs or replacement of Rental Items.
3.3. Payment Schedule. For orders placed directly online, Renter agrees to make payment through Spoon and Salt, LLC website, www.thespoonandsalt.com in the form of credit card or debit card. For Event Extras and Special Orders, Renter agrees to pay Company the Rental Fees in accordance with the following schedule:
Within seven (7) days upon signing the Agreement, Renter shall pay to Company a payment of _________ United States Dollars ($USD). Renter agrees to pay 50% of the Rental Fee (actual rental items only). In the event that Renter does not pay 50% of the Rental Fee within seven (7) days of signing the Agreement, Company has no obligation to rent the Rental Items to Renter, and Company may terminate this Agreement upon written email notice to the Renter.
Within twenty-one (21) days of the scheduled Event Date, Renter shall pay to Company a payment of _________ United States Dollars ($USD) which shall include the remaining 50% balance of the Rental Fee plus the sum of the balance of the Incidental Fee, Delivery Fee, plus applicable taxes (“Total Payment”).
3.4. Committed Reservation. For orders placed directly online, inventory is reserved immediately. For Event Extras and Special Orders, Company will not reserve Rental Items for the Event Date until Renter provides a signed copy of this Agreement to Company and makes the initial 50% payment, calculated as per above.
3.5 Late Return of Rental Items. If Rental Items are not returned by Renter on the specified date and time on the Rental Items List, Renter agrees to pay a late fee as per the following sliding scale:
-If the return is 1-2 days late, a late charge of 25% of the total order will be due.
-If the return is 3-5 days late, a late charge of 50% of the total order will be due.
-If the return is 6-7 days late, a late charge of 100% of the total order will be due.
-Any returns over 7 days late, after due notice, the Renter will be charged the full cost of the rental items.
4. FORM OF PAYMENT
Unless otherwise agreed upon in writing, Renter agrees to make payment through Spoon and Salt, LLC website, www.thespoonandsalt.com in the form of credit card or debit card. Company accepts Visa, MasterCard, American Express, Discover, Diners Club cards, or Shop Pay.
5. DAMAGED OR MISSING RENTAL ITEMS
All Rental Items are compared to the delivery inventory sheet and examined by Company prior to delivery and/or release to Renter. Renter (or Renter’s representative, such as a professional event coordinator) has the right to inspect all Rental Items upon delivery and/or receipt, before the start of the Event, and should initial the delivery inventory sheet that Company provides upon delivery from Company. Renter may waive this right to inspect. During the term of this Agreement, Renter will, at the Renter’s own expense, keep the Rental Items in good repair and condition. Company is delivering the Rental Items to Renter in good working order and condition and Renter will return the Rental Items to the Company in the same condition at the end of the Term and/or immediately after the Event Date, normal and reasonable wear and tear excepted. For purposes of this paragraph, Rental Items shall also include packaging supplies not returned such as totes, crates, and glass racks. To the extent permitted by law, the Renter will be responsible for risk of loss, theft, damage or destruction to the rental items from any and every cause.
5.1. Discovery of Damages by Renter. If Renter discovers damaged or missing Rental Items prior to the start of the Event, Renter agrees to notify Company immediately. Company agrees to make all reasonably necessary attempts to provide a replacement or substitute for any damaged or missing Rental Items prior to the Event’s stated start time. Renter agrees that any damaged Rental Items will not be used at the Event. All damaged Rental Items remain the property of Company and must be returned to Company.
5.2. Damages Exceeding Incidental Fee. Should the Incidental Fee be exhausted to cover any damages beyond the expected normal wear and tear, Renter agrees to pay for all damages, occurring after the Rental Items are delivered to Renter, including but not limited to, damage occurring as a result of any non-Company representative moving the Rental Items from the delivery location; damages occurring during the scheduled Event Date; damages occurring following the scheduled Event, damages incurred while cleaning off the Rental Items or while packing up the Rental Items, are all the sole responsibility of Renter, whether actually caused by Renter or by Renter’s guests, Event venue staff, or third party Event vendors. Normal and reasonable wear and tear on Rental Items including, but not limited to, broken glass, chipped plates, dirt spots on linens are all covered under the Incidental Fee. Examples of damages beyond normal wear and tear may include, but are not limited to, heavily stained linen items, rips or tears in linens, and excessive amounts of breakage.
6.0 DELIVERY SERVICES
Renter agrees to pay a delivery fee (the “Delivery Fee”), if any, which is specifically included in the Rental Items List and based upon those Rental Items itemized on the Rental Items List. Company agrees to deliver Rental Items door-to-door only, unless other arrangements are confirmed in writing between the Parties. If Renter adds or changes the Rental Items, or requests revised delivery/retrieval dates/times from the original booking, Company may modify the Delivery Fee accordingly.
6.1. Delivery Times. Specific delivery times must be finalized no later than fourteen (14) days prior to the confirmed Event Date.
6.2. Company Access And Right To Inspect. Renter (or Renter’s representative such as Event Staff) must be present at the Event Site during the agreed-upon delivery time(s) and ensure Company has full access to the premises on the confirmed Event Date. If Renter or Renter’s representative is not present at the time of delivery, Renter waives the right to inspect the status, condition, and quantities of Rental Items. Company shall not be responsible for any delay(s) caused by any other parties, including but not limited to, other vendors or providers of other services.
7. CHANGES OR SUBSTITUTIONS OF RENTAL ITEMS
7.1 By Company: Company reserves the right to make reasonable substitutions of Rental Items, when necessary, and shall inform Renter of such substitutions prior to the Event Date, whenever possible.
7.2. By Renter: If Renter wishes to cancel the rental of some, but not all, Rental Items, or to make substitutions for certain Rental Items, then in no event will the Rental Fees be less than the Rental Fees already paid, as stated in the Rental Items List, or as indicated in any subsequent amended Rental Items List submitted by Renter. Should such changes or modifications to the Rental Items List be made, Company agrees to send an amended Rental Items List to Renter. Renter is to submit any changes on the Rental Items List to Company, via email, at least twenty-one (21) days prior the scheduled Event Date. There will be no refunds for any cancellations of Rental Items made less than twenty-one (21) days prior to the scheduled Event Date. The Rental Item List must be confirmed with the Company at least twenty-one (21) days prior to the scheduled Event Date.
8. PROPER RETURN OF RENTAL ITEMS
Renter (or Renter’s representative such as Event Staff) agrees to thoroughly rinse Rental Items (such as plates, glassware, flatware, etc.) of all food and drink debris and grease following the Event and prior to re-packaging the Rental Items. Renter (or Renter’s representative such as Event Staff) agrees to package the Rental Items in the totes or racks provided by the Company. Renter (or Renter’s representative such as Event Staff) agrees to return Glassware with the mouth-side down in the original rack in which it was received. Renter agrees to return all other Rental Items such as linens, in the provided plastic bags for your convenience.
9. RESCHEDULING EVENT DATE
If Renter needs to reschedule the confirmed Event Date, Renter agrees to give written notice to the Company of Renter’s intention to reschedule the Event Date and, if known, identify the new date for the Event (hereinafter, “Rescheduled Event Date”). Company cannot guarantee the availability of the Rental Items for the Rescheduled Event Date. If Rental Items are available for the Rescheduled Event Date, then the Renter may incur additional fees for Company’s services due to the event rescheduling. At Company’s discretion, the Parties may enter into a separate written agreement and/or modify this Agreement to reflect the Rescheduled Event Date. If Renter needs to reschedule the Event Date but does not have a confirmed Rescheduled Event Date, then Company will provide Renter a credit to be used towards the desired Rental Items within one (1) year of the original Event Date. If after one (1) year from the original Event Date the credit has not been used, the Renter forfeits this credit.
10. LINENS RENTED FROM 3rd PARTY LINEN SUPPLIER
Spoon + Salt occasionally sources linens (tablecloths, runners, napkins) from 3rd party linen suppliers for Renters who request something not currently offered by Spoon + Salt. These rental items are confirmed by the Renter prior to Spoon + Salt reserving the linens with the 3rd party linen supplier.
10.1. Renter agrees to assume all risk or loss, damage and abuse to 3rd party rental linens from any cause whatsoever and pay replacement costs. Renter acknowledges that the rental linens are of a size, design and quantity selected by Renter and that Spoon + Salt has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the condition, quality, dye lot, durability, suitability of the rental linens. Spoon + Salt shall not be liable to Renter for any loss or damage caused directly or indirectly by the rental linens, by any inadequacy thereof, or defects therein.
10.2. Renter shall indemnify and hold harmless 3rd party linen suppliers against any claim, action, damages, and liability including reasonable attorney's fees and court costs arising in connection with Renter's use and possession of 3rd party linen supplier's rental property or Renter's use of 3rd party linen supplier's rental service.
10.3. In the event rental linens are returned in a torn, burned, or otherwise damaged condition, Renter shall be responsible for the replacement cost in addition to any applicable extended rental fees. The Renter agrees to pay these charges upon receipt of the replacement billing. Candle wax on linens will incur charges.
10.4. All rental linens are counted and inspected by 3rd party linen suppliers upon return and resulting counts and inspection conclusions are final. 3rd party linen suppliers retail ownership of damaged linens, and the payment of replacement charges is not a purchase by Renter of the damaged rental property.
10.5. All rental linens held beyond the agreed upon period indicated on the rental contract will be subject to extended rental fees. 3rd party linen suppliers have the right to deem the rental linens lost, and Renter is responsible for replacement fees.
10.6. Renter will be responsible for all costs incurred by 3rd party linen suppliers due to Renter's ordering errors including, but not limited to, incorrect date of usage, incorrect shipping information, color, quantity, sizes or duplicate orders.
10.7. Cancelation policies will follow the Terms and Conditions outlined by each 3rd party linen supplier. Cancelations made before the 3rd party linen supplier's Final Confirmation Date will result in a loss of the 50% deposit. Any cancelations made after the 3rd party linen supplier's Final Confirmation Date will not be refunded.
10.8. Orders returned partially clean or unused will not be eligible for any credit and will be subject to full rental charges.
10.9. 3rd party linen suppliers shall be excused from instances involving any delay in performance or non-performance of any of its obligations hereunder caused by "Force Majeure", which are any circumstances beyond its control, including without limitation any act of God, weather, fire, flood, accident, war, civil unrest or disruption to the extent that any such circumstances affect 3rd party linen supplier's ability to perform its obligations under this Agreement.
11. TERMINATING THE AGREEMENT
11.1. Termination by Renter. In addition to any other obligations set forth in this Agreement upon termination, if Renter terminates this Agreement for any reason, the Renter agrees:
11.1.1. To make all requests for termination in writing;
11.1.2. If a request for termination is made twenty-one (21) days or less from the scheduled Event Date, Renter will not be refunded the Rental Fees from the Rental Items List in full;
And
11.1.3. If a request for termination is made between twenty-two (22) to fifty nine (59) days prior to the scheduled Event Date, Renter will be refunded 50% of the Rental Fees from the Rental Item List, with the exception of the 10% Incidental Fee identified in the Rental Invoice. The Incidental Fee is a non-refundable fee regardless of when the notice of termination is given.
And
11.1.4. If a request for termination is made sixty (60) days or more prior to the Event Date, Renter will be fully refunded the Rental Fees from the Rental Item List and will only be responsible for payment of the 10% Incidental Fee identified in the Rental Invoice. The Incidental Fee is a non-refundable fee regardless of when the notice of termination is given.
11.2. Termination by Company. In addition to any other rights or obligations set forth in this Agreement upon termination, if the Company terminates this Agreement without cause and to no fault of the Renter, the Company will refund all necessary fees to the Renter.
12. LIMITATION OF LIABILITY, INDEMNIFICATION
Renter agrees that, to the fullest extent permitted by law, Company’s maximum total liability for any claims, breaches or damages by reason of any act or omission shall be limited to the amount of the Rental Fees actually paid by Renter. Renter agrees that, to the fullest extent permitted by law, Renter shall indemnify Company and shall not be liable for any claim for emotional distress, mental anguish, punitive damages, consequential damages, lost profit, loss of enjoyment, lost revenues, or replacement costs, whether or not foreseeable or arising from any negligent act or omission on the part of any person. Renter expressly agrees to assume the risk of the use of the Rental Items, and agrees to release, indemnify, defend, and hold harmless Company and its employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to Renter’s Event and the actions of Renter or Renter’s guests, including but not limited to injuries sustained by Renter or Renter’s Event guests while using the Rental Items. Renter acknowledges that these limitations reflect a fair allocation of risk and that Company would not enter into this Agreement without these limitations on its liability.
13. NOTICE
All notices, requests for termination, claims, changes, demands, and other communications between the parties must be in writing. All notices must be given (a) by delivery in person, (b) by a nationally recognized next day courier service, (c) by confirmed electronic mail communication or (d) by first class, registered or certified mail, postage prepaid, to the address of the party specified in this Agreement or such other address as either party may specify in writing. Such notice is effective upon (a) the receipt by the party to which notice is given, or (b) on the third day following mailing, whichever occurs first. Notice may also be given by facsimile if requested. Such notices are effective upon receipt of a written acknowledgement by the party to which notice is given.
14. ENTIRE AGREEMENT
This Agreement (including attachments) contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
15. AMENDMENT
This Agreement may only be modified or amended if the amendment is made in writing and is signed by all parties.
16. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If an arbitrator or court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
17. HEADINGS
The headings contained in this Agreement are strictly for convenience, and are not to be used to construe meaning or intent.
18. WAIVER
The failure of any party to require strict compliance with the performance of any obligations or conditions of this Agreement will not be deemed a waiver of that Party’s right to require strict compliance in the future, or construed as consent to any breach of the terms of this Agreement.
19. FORCE MAJEURE
Neither party will be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God (such as natural disasters), government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, loss of services or any other cause beyond the reasonable control of the party whose performance is affected. Should Renter’s Event be canceled, postponed or otherwise adversely impacted as a result of a force majeure event, there will be no refunds for payments already received by Company, but Company will use all reasonable efforts to work with Renter to provide the Rental Items at a later date if necessary, subject to the availability of the Rental Items and Company’s delivery/set-up representatives.
20. APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of New Jersey, and any disputes arising from it must be handled exclusively in the Superior Court of New Jersey, except where otherwise noted in this Agreement.
21. ASSIGNABILITY AND PARTIES OF INTEREST
No party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party or parties. Nothing in this Agreement, express or implied, will confer upon any person or entity not a party to this Agreement, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Agreement, except as expressly provided in this Agreement.
22. COUNTERPARTS, SIGNATURES
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and which collectively shall constitute one agreement. Use of fax, email and electronic signatures shall have the same force and effect as an original signature.
BY CLICKING "COMPLETE PURCHASE" OR SIGNING BELOW I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH ABOVE.
Signature ______________________________ Date_________________