Rental Agreement

1.1 Company. “Company” means My Big Letters and its authorized personnel.

1.2 Client. “Client” means the individual or legal entity identified as the customer in the Order. Client agrees to communicate the applicable safety and access rules to its event representatives, guests, invitees, venue personnel, and other vendors. Client accepts the specific contractual equipment-care obligations described in Sections 7 and 12, subject to applicable law; those obligations do not make Client responsible for Company’s own negligence or misconduct.

1.3 Rental Items. “Rental Items” means the reusable items Company agrees to supply in the Order, which may include 4-foot and 7-foot marquee characters, bases and supports, bulbs and electrical accessories, lighting, generators, backdrops, flower walls and arches, mirror balls, and associated hardware. Consumable or custom décor, such as balloon arrangements, may also be supplied under the Order, but is not treated as reusable rental equipment for return and replacement purposes.

1.4 Order. “Order” means the accepted quote, invoice, booking confirmation, and any mutually approved written changes specifying the Rental Items, prices, event date, location, and setup and pickup windows.

1.5 Rental Period. The Rental Period begins when Company delivers Rental Items to the agreed site and ends when Company retrieves the items. The agreed event-use duration is specified separately under Section 3.

1.6 Business Day. Monday through Friday, excluding federal holidays.

2.1 Included items. Only items and services expressly listed in the Order are included. Verbal requests do not modify the Order unless Company confirms the change in writing.

2.2 Priority. The Order controls descriptions, quantities, event dates, locations, approved time windows, and prices. This Agreement controls equipment safety, responsibility, damage, cancellation, and other general terms. A specific written amendment signed or otherwise validly accepted by both parties controls over conflicting general terms to the extent stated in that amendment.

2.3 Changes and additional work. Changes to the location, installation, pickup, rental length, equipment, or décor require Company approval. Company will identify applicable additional charges before work is performed, except urgent safety actions that do not create an unapproved fee.

3.1 Standard event use. Unless the Order specifies otherwise, the standard rental provides up to six hours of event use during the approved event window. Delivery, setup, and pickup occur at the agreed times and do not independently extend the event-use window.

3.2 Additional time. Additional event-use time is $100 per hour when requested and approved in writing, subject to availability. Multi-day pricing, added delivery trips, and relocation services must be separately quoted and approved.

3.3 Ownership. All reusable Rental Items remain Company property. Client may not sublease, transfer, relocate off-site, or surrender possession of Rental Items without Company’s prior written consent.

4.1 Pricing. Rental and service fees are shown in the Order.

4.2 Reservation retainer. A reservation retainer equal to 50% of the rental and service price before separately stated applicable tax is due upon booking and credited toward the rental price. The retainer is consideration for holding the date and specified inventory, reservation administration, and the opportunity cost of declining conflicting bookings. It is non-refundable upon Client cancellation except as expressly provided here or required by law. The booking is confirmed only when Company accepts the Order and receives the required retainer, unless an alternative is expressly agreed in writing. For a Tennessee state governmental entity, no advance retainer is required unless lawfully authorized and expressly approved in the Order by an official with contracting authority.

4.3 Final balance. For ordinary bookings, the remaining balance is due 14 calendar days before the Event Date. Bookings made within 14 days of the Event Date require payment in full at booking unless Company approves different written terms. For a Tennessee state governmental entity, payment is due only in accordance with the terms lawfully authorized in the accepted Order and applicable payment statutes; the ordinary advance-payment deadline does not automatically apply.

4.4 Applicable tax. Client must pay taxes legally due on the transaction. Company will collect applicable sales or use tax as required by law and honor properly documented exemptions where applicable.

4.5 Payment authorization. Client authorizes charges expressly approved through the payment process for the initial Order and subsequent accepted change orders. Additional damage, cleaning, or other charges will be invoiced with supporting information and collected through a legally authorized payment method. This Agreement alone does not authorize Company to make unlimited or unspecified future card charges or to charge disputed amounts contrary to payment-network rules or applicable law.

4.6 Late Payment and Failure to Pay. For ordinary bookings, the remaining balance is due 14 calendar days before the Event Date. An undisputed balance remaining unpaid after the payment deadline may incur a $25 administrative late fee, plus $10 for each additional calendar day the balance remains overdue, not to exceed $100 in total late fees per booking. Late fees apply only to the extent reasonable and permitted by applicable law. Company may provide written notice of nonpayment by email or text. Client will have 48 hours after receipt of notice to pay the outstanding balance. If payment remains outstanding after that period, Company may cancel the booking, decline delivery or installation, and release reserved inventory, subject to applicable law. Cancellation amounts owed will be determined under Section 5.1, to the extent enforceable. Payments received will be credited against amounts lawfully owed; Company will not impose duplicate charges for the same loss. For a Tennessee state governmental entity, the foregoing administrative/daily late fees and automatic cancellation for failure to meet the ordinary 14-day deadline do not apply unless independently lawful and expressly authorized. To the extent the Tennessee Prompt Pay Act applies, payment deadlines and interest are governed by Tenn. Code Ann. §§ 12-4-703 and 12-4-704, including interest on qualifying overdue amounts at 1.5% per month beginning the day after the legally applicable payment due date. Company may decline to reserve inventory or perform additional work until the parties have an authorized and accepted Order, without treating the state as liable for an unapproved fee.

5.1 Client Cancellation. Client must notify Company of cancellation in writing. Client acknowledges that Company reserves specialized inventory, may decline other bookings, and incurs scheduling, administrative, staffing, and preparation costs that may be difficult to calculate at the time of booking. For non-government bookings, the parties intend the following amounts as a reasonable advance estimate of anticipated losses rather than a penalty:

• More than 14 calendar days before the Event Date: Company retains the 50% nonrefundable Reservation Retainer. No additional cancellation amount is owed, except approved nonrecoverable custom purchases where legally recoverable.
• 14 calendar days or fewer before the Event Date: 100% of the total Order price is due, excluding refundable taxes.

All payments previously received will be credited toward the applicable amount. No loss will be recovered twice. These terms apply only to the extent permitted by Tennessee law and do not waive non-waivable statutory rights. Cancellation following Client’s uncured material nonpayment under Section 4.6 is treated as Client-caused cancellation under this schedule only to the extent enforceable.

Tennessee state-agency exception: Neither this cancellation schedule nor any nonrefundable retainer may require a Tennessee state governmental entity to pay prohibited liquidated damages or cancellation penalties. If an authorized agency Order is canceled, Company may request payment for accepted services actually performed and specific documented nonrecoverable costs only when properly approved and legally payable; no automatic percentage charge is imposed on the state.

5.2 Rescheduling. Company may, but is not obligated to, apply the retainer to a different available date. For ordinary bookings, a rescheduling fee of up to $500 may apply based on anticipated or actual administrative, staffing, transportation, and scheduling costs. Company will disclose the exact fee and any updated rental pricing, and Client must approve them in writing before a new date is confirmed. No unapproved rescheduling fee is owed. For a Tennessee state governmental entity, any added charges must be separately and lawfully approved in advance; no automatic penalty applies.

5.3 Weather, venue, and power restrictions. Client is responsible for arranging agreed venue access, suitable power, and a safe backup space for outdoor setups. If performance is prevented or curtailed by conditions outside Company’s reasonable control, including unsafe weather, venue denial, or insufficient power, the parties’ financial obligations will be determined under the agreed cancellation terms, services actually performed, and applicable law. No blanket no-refund rule applies when Company’s own breach or negligence causes the failure.

5.4 Company inability to perform. If Company cannot provide the agreed Rental Items or services because of Company’s own fault or breach (not force majeure or Client/venue fault), Company will refund amounts paid for undelivered items or services. For ordinary bookings, this is the exclusive contractual remedy to the extent permitted by applicable law and subject to Section 13.2. For a Tennessee state governmental entity, neither this remedy nor Section 13.2 limits Company’s liability in a manner prohibited by Tenn. Code Ann. § 12-3-701 or other applicable law. Nothing in this provision excludes legally non-waivable rights or remedies.

5.5 Payment disputes. Client should promptly contact Company about suspected billing errors so the parties can attempt to resolve them. Nothing in this Agreement restricts rights to dispute charges under applicable consumer, banking, or payment laws. Client remains responsible for properly authorized and legally owed amounts. Company may present supporting booking and service records to payment providers and seek lawful remedies for unpaid obligations. Company will not automatically recharge a disputed amount or penalize Client merely for exercising a legally protected dispute right.

6.1 Client coordination. Client will coordinate loading access, parking, elevators, venue permissions, and pickup access and disclose material restrictions in advance.

6.2 Site limitations. Client must disclose stairs, tight turns, narrow doorways, uneven ground, long carries, curfews, and union or venue rules that may affect safe installation.

6.3 Installation feasibility. Company’s team determines whether access is safe and practical. Exhibit B provides planning guidance; actual clearance depends on the specific rented characters and their transportation orientation. Company may reasonably modify or decline an unsafe placement. Any paid alternative must be separately approved.

6.4 Waiting time. Delivery and pickup each include up to 30 minutes of waiting for client- or venue-controlled access. Additional waiting attributable to such delays may be billed at $100 per hour in 30-minute increments, if reasonably documented. Company will notify Client when practical before charges accrue. A required return trip may incur a separately disclosed and approved fee.

6.5 Inability to access or install. If Client or venue fails to provide the agreed access or safe setup conditions, Company will make reasonable efforts to identify an alternative when practical. If installation cannot proceed, the financial result will be determined under Section 5 and applicable law, taking into account services performed and the cause of the failure. Company is not required to make an unapproved or unsafe second trip.

7.1 Company control. Company handles placement, assembly, stabilization, operating checks, repositioning, and removal.

7.2 No unauthorized alterations. Client must not move, climb on, sit on, lean against, tape, pin, glue, attach décor to, disassemble, modify, or tamper with Rental Items, including wiring, lighting, supports, balloons, backdrops, generators, and floral structures. Company must approve changes in writing. Emergency exception: Any person may disconnect power or take a reasonable immediate action necessary to prevent imminent injury or damage, provided they notify Company as soon as practicable and do not attempt unauthorized repairs.

7.3 Guest safety. Client will reasonably communicate the safety restrictions to event personnel, vendors, and guests, and take reasonable steps to discourage climbing, tampering, or other interference, particularly by children and intoxicated persons. Client will promptly notify Company if it learns of damage, unsafe conditions, or unauthorized movement of the equipment.

8.1 Power. Unless specified otherwise, Client must arrange accessible, safe 110-120V power. Large installations may require multiple independent circuits. Company supplies standard cords suitable for the approved setup, generally up to 50 feet from the intended power source unless otherwise agreed.

8.2 Cords. Client and guests may not reroute or conceal cords, including under rugs, without Company authorization. Company determines appropriate initial cord placement and safety precautions.

8.3 Appearance. LED brightness and perceived bulb color may vary with ambient conditions and camera settings; normal variation alone is not a defect.

9.1 Placement. Gas generators are operated outdoors only, away from openings and occupied spaces. Battery power stations may be used where safe and venue-approved. Company controls positioning and operation.

9.2 Approval. Client must coordinate venue approval and disclose restrictions on generators, fuel, noise, and placement.

9.3 Capacity. Output and runtime depend on the selected unit and approved connected equipment. Company selects appropriate capacity for the rented setup.

9.4 Runtime. The included generator runtime must be stated in the Order. Additional runtime, if available, is $65 per hour only when requested and approved in advance. There is no default promise of a 4-to-6-hour range.

9.5 Unsafe operation. Company may shut down equipment when continued use would be unsafe. Financial consequences will be governed by Section 5 and applicable law, rather than an automatic blanket forfeiture.

10.1 Risks. Equipment is not fully waterproof and may be unsafe in heavy rain, high wind, standing water, unstable terrain, or similar conditions. Certain décor, lighting, flower walls, arches, and mirror balls are particularly weather-sensitive.

10.2 Final safety decision. Company determines whether equipment may be installed, remain in place, be relocated, disconnected, or removed based on reasonable safety judgment. Client and venue personnel may not override that decision.

10.3 Backup location. Any outdoor booking requires Client to identify an accessible indoor or otherwise suitable backup location in advance. The backup must meet the space, access, surface, and power requirements for the reserved setup.

10.4 Cooperation. Client will cooperate with reasonable safety modifications. Financial consequences are governed by Section 5 and applicable law, including consideration of whether the problem arose from Client/venue conditions, uncontrollable weather, or Company’s fault.

11.1 Collection. Company retrieves Rental Items; Client self-pickup is not offered.

11.2 Access. Client will coordinate prompt retrieval and keep the items accessible at the agreed pickup time.

11.3 Pickup delays. If Client- or venue-controlled circumstances delay pickup, reasonable, documented additional costs or extra rental days may be invoiced where disclosed, approved as required, and legally recoverable. Client must not move equipment to an unapproved location.

12.1 Client Responsibility. From completed installation until Company retrieves the Rental Items, Client agrees to exercise reasonable care and take reasonable precautions against damage, theft, loss, misuse, and unauthorized handling. To the extent permitted by law, Client is financially responsible for reasonable, documented damage or loss caused by Client, guests, invitees, vendors, venue personnel, or other event participants through unauthorized handling, misuse, negligence, or interference with the Rental Items. Client is not responsible for ordinary wear and tear, pre-existing defects, or damage caused by Company’s negligence or misconduct.

12.2 Unauthorized Repairs. Client and third parties may not repair, modify, relocate, or replace Rental Items without Company’s prior authorization, except for reasonable emergency actions necessary to prevent immediate injury or damage.

12.3 Inspection and Notification. Company may inspect Rental Items upon pickup and conduct additional inspections after returning them to its facility. Company will endeavor to notify Client of discovered damage or excessive cleaning within five Business Days following pickup, except for concealed damage not reasonably discoverable during that period.

12.4 Repair and Replacement Costs. Where Client is legally responsible, Company may invoice reasonable, documented costs for repairs, replacement parts, labor, transportation, sourcing, and necessary cleaning. If an item cannot reasonably or safely be repaired, Company may recover its documented replacement value, taking into account the item’s condition and applicable law.

Estimated replacement values are provided in Exhibit A and are not automatic penalties. Charges may not duplicate recovery for the same loss.

12.5 Excessive Cleaning. Cleaning beyond ordinary post-event maintenance may be charged at $100 per hour, with a one-hour minimum, plus reasonable materials, where legally recoverable and supported by documentation.

12.6 Payment for Damage. Documented damage, loss, or cleaning invoices are payable within seven calendar days of notice, subject to good-faith disputes and applicable law.

12.7 Recovered Equipment. Rental Items remain Company’s property. If a missing item is recovered after Client has paid replacement costs, Company will reasonably account for its recovery and avoid duplicate compensation for the same loss.

13.1 Safety Risks. Client acknowledges that Rental Items may present risks, including tipping, falling equipment, electrical hazards, tripping hazards, and injuries caused by unauthorized handling or misuse. Client agrees to follow Company’s safety instructions and take reasonable steps to prevent guests, vendors, and other event participants from interfering with Rental Items.

13.2 Company’s Responsibility and Limitation of Liability. Company will exercise reasonable care in delivering, installing, securing, operating within its agreed scope, and retrieving Rental Items. For ordinary bookings, to the maximum extent permitted by applicable Tennessee law, Company’s aggregate liability for ordinary contractual claims arising from performance is limited to the amount paid under the applicable Order. For Tennessee state governmental entities subject to Tenn. Code Ann. § 12-3-701, no contractual limit shall be less than two times the maximum liability, estimated liability, or maximum revenue of the contract unless a lower limit is lawfully authorized; a limit applies only if validly approved. Any statutory exceptions to liability caps remain unaffected, including applicable claims involving personal injury, death, intentional torts, fraud, criminal acts, and intellectual-property rights. Nothing here limits liability for gross negligence, willful misconduct, or other claims and remedies that cannot lawfully be limited, or waives non-waivable personal injury rights.

13.3 Client Responsibility and Indemnification. For non-government bookings, to the extent permitted by law, Client agrees to indemnify and hold Company harmless against reasonable third-party claims, damages, and expenses arising from Client’s negligence, willful misconduct, or material breach of this Agreement. This obligation does not apply to the extent a claim results from Company’s negligence or misconduct. A Tennessee state governmental entity is not required under this Agreement to defend, indemnify, or hold harmless Company, assume prohibited third-party liability, or waive sovereign immunity.

14.1 Company Insurance. Company maintains insurance coverage as reflected in any Certificate of Insurance provided to Client. All coverage is subject to the terms, conditions, exclusions, and limits of the applicable insurance policies.

14.2 Client Event Insurance. Client is encouraged to maintain appropriate event liability insurance covering bodily injury and property damage. Company may require Client to provide event liability insurance for certain bookings, including large public events, outdoor installations, high-risk setups, or events with specific venue insurance requirements. Any required coverage limits, additional-insured endorsements, and documentation deadlines must be disclosed in the Order before booking confirmation. Failure to provide agreed insurance documentation may result in cancellation or refusal of services, subject to Section 5 and applicable law.

15.1 Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of Tennessee.

15.2 Venue and Jurisdiction. For non-government bookings, to the extent permitted by applicable law, the parties agree that Williamson County, Tennessee, shall be the exclusive venue for proceedings arising from this Agreement that may lawfully be brought there. For Tennessee state governmental entities governed by Tenn. Code Ann. § 12-3-515, litigation shall proceed only before a tribunal having lawful jurisdiction and permitted venue, including, as applicable, the Tennessee Claims Commission, the chancery courts of Williamson County, Tennessee, or federal courts in Tennessee. Nothing here creates jurisdiction, waives sovereign immunity, or overrides mandatory venue rules.

15.3 Electronic Signatures and Communications. The parties consent to conducting this transaction electronically. Electronic signatures and records shall have the same legal effect as handwritten signatures and paper records to the extent permitted by applicable law. Emails and text messages may serve as written confirmation of scheduling changes, operational approvals, and other agreed modifications. Additional charges and material contract amendments require approval from persons authorized to bind the respective parties.

15.4 Attorneys’ Fees and Costs. In an action to enforce this Agreement, the prevailing party may recover reasonable attorneys’ fees and court costs to the extent permitted by applicable law, unless otherwise prohibited by statute. This provision applies equally to Company and Client; it does not require a Tennessee state governmental entity to pay attorney fees or authorize counsel for the State except where lawfully approved or authorized by law.

16.1 Entire Agreement. This Agreement, the Order, and any mutually approved written amendments constitute the complete agreement between Company and Client regarding the booking and supersede prior discussions or representations.

16.2 Severability. If any provision of this Agreement is found unenforceable, the remaining provisions shall remain effective to the extent permitted by applicable law.

16.3 Assignment. Client may not transfer or assign the booking to another person or entity without Company’s prior written approval.

16.4 Photography and Marketing. For non-government bookings, unless Client opts out in writing before the Event Date, Client grants Company permission to photograph or record Company’s installed Rental Items for portfolio, website, social media, and promotional purposes. Company will respect reasonable venue restrictions and privacy requests. This permission does not authorize use of identifiable individuals’ likenesses or third-party copyrighted materials where separate permission is legally required. For Tennessee state-government bookings, publication identifying the agency, its event, staff, or restricted venue requires prior written agency authorization.

16.5 State Agency Applicability and Authority. The state-government exceptions in this Agreement apply only when the Client is an actual Tennessee state governmental entity and applicable law governs the booking. They do not automatically apply to private customers, nonprofits, or private businesses. No state agency is bound merely by receiving a quote or payment link: its Order must be accepted by a representative with lawful purchasing authority and must identify approved items, the authorized price, venue, dates, applicable payment arrangements, and any purchase order or required procurement conditions. No unforeseen fees, amendments, or additional purchases bind a state agency without legally sufficient authorization. Mandatory legal or procurement requirements prevail to the extent required by law.

Estimates are for disclosure only. Actual recoverable costs depend on reasonable documentation, condition, availability, and applicable law.

Repairable damage may include documented parts, labor, transport, and reasonable cleaning costs. Repair-versus-replacement decisions are based on safety, feasibility, and documented cost, not unreviewable sole discretion.

Client must disclose access restrictions and confirm site access with Company before booking. Company determines whether delivery and installation can be performed safely. Exact clearance depends on the characters, hardware, and transport orientation; figures below are planning ranges, not guaranteed minimums.