Nashville Marquee Rentals – Rental Agreement

1. Definitions

For purposes of this Agreement, the following terms shall have the meanings defined below:

• “Company” refers to My Big Letters, its owners, employees, agents, and assigns.
• “Client” refers to the person or entity renting the equipment from Company, including any agents or representatives acting on their behalf.
• “Rental Items” or “Equipment” refers to the marquee letters, numbers, symbols, lighting, and any related décor or equipment provided by Company for the rental.
• “Event Date” means the date of Client’s event for which the Rental Items are provided.
• “Rental Period” means the duration of time the Rental Items are in Client’s possession or control, from delivery or pickup until return to Company.
• “Delivery” means the drop-off of Rental Items to the Client’s specified location by Company personnel.
• “Setup” means the placement and installation of the Rental Items at the venue by Company.
• “Pickup” refers to Company’s retrieval of the Rental Items after the event.

2. Rental Items and Rental Period

2.1 Rental Order Details: The specific Rental Items, quantities, rental fees, Event Date, and venue/location are detailed in the invoice or order confirmation provided by Company, which is hereby incorporated into this Agreement by reference. Client agrees that the details in the invoice are accurate. In case of any conflict between the invoice and this Agreement, the terms of this Agreement shall govern the parties’ obligations.

2.2 Rental Period: The rental period begins when the Rental Items are delivered to the Client’s venue and continues until the agreed end time when all items are scheduled to be picked up by Company or returned by Client. Unless otherwise specified in writing, the Rental Period covers the day of the event only. Extensions of the Rental Period (for example, multi-day rentals or late pickups) must be agreed in advance in writing and may incur additional fees.

2.3 Ownership of Equipment: All Rental Items remain the sole property of Company at all times. Client is only renting the right to use these items for the agreed Rental Period and agrees that it has no ownership or title to the Rental Items. Client shall not sublease, rent, sell, or in any way transfer the Rental Items to any third party, and shall not allow any lien or encumbrance to be placed on the Rental Items.

3. Pricing and Payment Terms

3.1 Rental Price: Client agrees to pay the total rental price for the Rental Items and services as set forth in the invoice/quote. Pricing is based on the items and Rental Period and is non-negotiable. All quotes are valid for a limited time (as stated on the quote, typically 5 days) and pricing is subject to change until the deposit is paid. Additional charges may apply for delivery beyond the standard service area, for extended rental duration, or for add-on services, as communicated by Company.

3.2 Deposit: A 50% non-refundable deposit of the total rental cost is required upon signing this Agreement to secure the reservation. No reservation is confirmed until the deposit is paid. By paying the deposit, Client acknowledges that the deposit is non-refundable under any circumstances (see Section 4). The deposit will be applied toward the total rental fee.

3.3 Balance Due: The remaining balance of the rental fee (the other 50%) must be paid in full no later than fourteen (14) days before the Event Date (two weeks prior). Company will send an invoice for the balance, and it is Client’s responsibility to ensure timely payment. If the booking is made less than 14 days before the Event Date, the full rental amount (100%) is due at the time of booking and signing this Agreement. The Company reserves the right to require full payment up to twenty-one (21) days prior to the Event Date at its sole discretion, based on scheduling, availability, or other business needs.

3.4 Payment Methods: Company accepts payment via major credit/debit cards (and may accept other forms such as cash or electronic payment, as specified by Company). Personal checks are not accepted unless explicitly agreed by Company. All payments must be made in U.S. Dollars. As a service-based business, My Big Letters does not charge sales tax on rental services.

3.5 Payment Enforcement: The Client is responsible for paying all fees associated with this Agreement, including the rental fee, any damage or replacement costs, late pickup fees, or charges for last-minute additions. In the event of unpaid balances, the Company will issue an invoice to the Client, and payment is due upon receipt. Failure to pay may result in collection efforts and additional fees, including but not limited to reasonable attorney’s fees, collection agency fees, and court costs.

3.6 Non-Payment / Late Payment: Time is of the essence with respect to payments. If Client fails to pay the remaining balance by the due date (14 days prior to the event), Company reserves the right to cancel the reservation and treat it as a cancellation by Client subject to the no-refund policy (Section 4). 

In such case, Client’s deposit will be retained by Company as liquidated damages. Company is under no obligation to deliver or provide any Rental Items if any payment due has not been received in full by the due date. Late payments may be accepted solely at the discretion of Company and may be subject to a late payment fee.

3.7 Pricing Adjustments and Additional Charges: If Client requests any changes to the order (adding or changing items, services, or extending rental times) after this Agreement is signed, any approved changes will be documented by Company and may require additional fees. Company will provide an updated invoice for any such changes, and Client must pay any resulting additional amount promptly and no later than before delivery of the Rental Items. 

If any additional unanticipated costs are incurred during setup or pickup due to Client’s actions or venue requirements (for example, excessive distance from unloading area, obstacles, or waiting time beyond normal), Company reserves the right to charge reasonable additional fees to cover those costs, which Client agrees to pay.

3.8 Communication and Order Changes: All changes to the rental order or services must be submitted in writing via email to rentmybigletters@gmail.com or by contacting us via text at 931-588-0705. This ensures clarity and accurate documentation. Any updates to the invoice based on changes will be sent via email, and additional services will be billed to the Client’s debit or credit card (if on file), unless other arrangements are made. 

Emails or written text messages sent to or from rentmybigletters@gmail.com or 931-588-0705 are considered legally binding communications and do not require a physical signature to be valid.

4. Cancellation and No Refunds Policy

4.1 Client Cancellation: All payments made by Client are NON-REFUNDABLE. This includes the initial deposit and any subsequent payments. If Client for any reason cancels, reschedules, or is unable to use the Rental Items on the Event Date, Client shall forfeit any payments made. No refunds will be given for cancellation or non-use of the Rental Items, regardless of the reason (including but not limited to change of mind, cancellation of the event, inclement weather, venue issues, or any other circumstance).

• If Client cancels the reservation more than 14 days before the Event Date, no further payment will be required, but the 50% deposit will be retained by Company as a cancellation fee.
• If Client cancels within 14 days of the Event Date (including any no-show by Client or inability to accept delivery), Client remains responsible for the full rental balance. If the Client has already paid the full balance, Company will retain all amounts paid. If the balance is not yet paid, Company reserves the right to charge the remaining balance to the credit card on file as agreed liquidated damages for the late cancellation.

4.2 Company Cancellation or Inability to Perform: In the rare event that Company is unable to deliver the agreed Rental Items due to Company’s own fault or unforeseen circumstances (such as vehicle breakdown, sudden staff illness, etc. not related to force majeure in Section 7), Company will inform Client as soon as possible. Company may, at its discretion, offer substitute items or services of comparable value if available and acceptable to Client.

If Company cannot provide the rental items at all, Company’s liability will be limited to refunding any payments received from Client for that event; this refund shall be the full and final settlement of any liability or damages to Client. Client waives any claims for additional damages or compensation due to a non-delivery that is not caused by Client. This clause does not apply to cancellations due to force majeure events or unsafe conditions as addressed elsewhere in this Agreement (in such cases, no refund is due as per Section 7).

4.3 Strict No Refund Policy: Client understands and agrees that the no-refund policy is a material condition of this Agreement. By entering into this Agreement, Client affirms that under no circumstance will Client be entitled to a refund of any deposit or rental fees except as expressly provided in Section 4.2 for a failure of performance by Company. The no-refund policy is necessary because Company incurs costs and reserves the date and items for Client, thereby foregoing other business.

5. Delivery and Setup

5.1 Delivery Service: Company will deliver and set up the Rental Items at the Client’s event location on the agreed date and approximate time, as confirmed in writing. Delivery includes standard ground-level access unless otherwise arranged in advance. Client (or a designated representative) must be present at the time of delivery to grant access and approve placement. Failure to provide timely access may result in additional charges or delays.

5.2 Accessibility Requirements: Client is responsible for securing any necessary permissions or access for Company to deliver and set up the Rental Items at the venue. This includes reserving any loading zones or parking as needed, obtaining access to freight elevators or loading docks if required, and ensuring the path to the setup area is clear of obstacles.

The setup location must be a safe, stable, and level surface sufficient to support the large marquee letters (typically at ground level unless otherwise agreed in advance). If there are stairs, narrow doorways, steep slopes, or other access challenges, Client must inform Company in advance. Additional labor charges or equipment (such as extra personnel for stairs) may incur additional fees, which Client agrees to pay if applicable.

Due to the large size of the marquee letters (approximately 7 feet tall and 4 feet wide), adequate access is required for safe delivery and installation. Specifically:

• Elevators must have minimum interior clearances of 4 feet wide, 8 feet deep, and 9 feet tall if transporting letters upright, or 4 feet wide and 8 feet deep if transported horizontally.
• Stairwells must have minimum clearances of 6 feet in width and 8.5 feet in vertical clearance on all landings and turns.

Client agrees to confirm in writing that these access requirements are met and to inform Company in advance of any conditions that do not meet these minimums. Additional fees may apply for stairs, tight clearances, or other access challenges, or delivery may be declined if access is unsafe or impractical.

5.3 Setup of Equipment: Company will assemble/install and position the marquee letters and decor in the location agreed upon with Client. Once setup is complete, Client shall not move or reposition the Rental Items without Company’s explicit consent. The letters are heavy and contain electrical components; improper moving can cause damage or injury. 

If Client needs the items repositioned during the event, Client should contact Company (if possible) or proceed with extreme caution at their own risk, understanding that any damage will be Client’s responsibility (see Section 8). Company’s setup includes testing that all lights and components are functioning at the time of delivery.

5.4 Electrical Power: Client is responsible for providing a reliable and sufficient source of electrical power for the Rental Items, if they require electricity (most marquee letters require standard 110V power). This typically means providing access to one or more three-prong electrical outlets within a reasonable distance of the setup area. Company is not responsible for any issues arising from inadequate, insufficient, or faulty power sources at the venue (e.g., if a circuit trips, power outage occurs, or an outlet is not working, etc.). 

It is recommended that no other heavy appliances share the circuit used by the marquee letters to avoid overload. Client should ensure all necessary power is turned on and accessible by the time of setup. If power is not available or fails, the lights may not function, but Client still remains liable for the full rental fee.

5.5 Failure to Deliver or Set Up: If Company attempts delivery at the scheduled time and location and is unable to complete setup due to Client’s or venue’s fault (for example: Client or venue contact is not present to grant access; the venue denies entry or has wrong address given; conditions on site are unsafe; or Client is not ready), the following will apply:

Company will make a reasonable attempt to contact Client and resolve the issue on the spot. If the issue can be resolved within a short time window (e.g., a delay of up to 30 minutes) and Company’s schedule permits, Company may wait or attempt to deliver within that time. Additional waiting time beyond 30 minutes may incur a waiting fee at Company’s discretion.

If delivery or setup cannot be completed, Company may return the Rental Items to its facility. Such failure will be treated as a cancellation or breach by Client. No refund will be given in this situation. Company may, at its discretion, attempt a second delivery later, but this will require an additional delivery fee and is subject to availability of staff and time. Client agrees to pay any such re-delivery fee.

Inaccessible or Unsafe Venue: If the delivery location is inaccessible or deemed unsafe (e.g., excessive mud, extreme incline, hazard, or risk of damage to equipment or personnel), Company may refuse to proceed with setup. Company will inform Client of the issue and may allow Client to provide an alternative solution immediately. If none is available, Company will not leave the equipment, and no refund will be provided due to the breach of the agreed requirement for a safe and accessible venue.

6. Pickup and Return after Event

6.1 Scheduled Pickup by Company: Company is solely responsible for the retrieval of all Rental Items. Client agrees to the scheduled pickup time, which will typically occur immediately after the event concludes or at a specific time agreed upon in writing. At the end of the event, Client must ensure that:

– (a) the Rental Items remain in the original installed location (or a mutually agreed location), and

– (b) the items are fully accessible to Company staff.

Client is responsible for informing venue staff or security in advance to grant the Company access for retrieval. If venue policy requires Client or a representative to be present during pickup, they must be available at the designated time.

6.2 Condition at Pickup: Rental Items must remain in the same condition as delivered, aside from reasonable wear. Any personal decorations or belongings must be removed from the items prior to pickup. Rental Items must not be moved, stored off-site, or sent home with guests or third parties. **Only Company is authorized to handle transport and removal.**

6.3 Delayed or Failed Pickup: If Company is unable to retrieve the Rental Items at the scheduled time due to venue access issues, missing items, or items being relocated:

• Company will attempt to contact Client immediately.
• If resolution is not possible at that time, Company may charge a second pickup fee and/or additional rental day fees to cover added labor, time, and transportation.
• Client remains responsible for the security and condition of all items until retrieval is completed.
• If items cannot be recovered due to Client or venue actions, or negligence, Company will deem the items lost and charge the full replacement cost as outlined in Section 8.

7. Client’s Responsibilities and Proper Use of Rental Items

Client agrees to use the Rental Items in a careful, safe, and proper manner and to strictly observe the following responsibilities and restrictions during the Rental Period:

• Intended Use: Rental Items are to be used for decorative purposes only. Client shall not use the marquee letters or related equipment for any unlawful purpose or in any manner not intended or not authorized by Company. Climbing, sitting, or leaning heavily on the marquee letters is strictly prohibited, as this can cause injury or damage.
• Supervision and Safety: Children and intoxicated individuals must be supervised around the Rental Items. Client shall ensure that guests do not attempt to move, climb on, or tamper with the letters or any electrical connections. If the event is open to the public or has many attendees, Client should take reasonable steps to prevent anyone from interfering with the equipment (for example, by roping off the area or having staff keep an eye on the installation). Any injury or damage resulting from improper use or lack of supervision will be the sole responsibility of the Client (see Section 10 on Liability).
• No Alterations: Client shall not alter, modify, or attach anything to the Rental Items without prior written consent from Company. This includes no affixing of signs, banners, florals, balloons, or decorations to the marquee letters unless approved by Company. (Company may offer add-on décor services and will use appropriate methods to attach items safely. Unapproved tapes, glues, or fasteners can damage the finish or stability of the letters and are not allowed.) Client also shall not remove or disassemble any part of the equipment (such as light bulbs, electrical cords, stands, or base plates) except as instructed by Company (e.g., if Company instructs how to unplug or turn off power safely).
• Weather Protection: While the marquee letters are water-resistant and can tolerate light moisture, they are not fully waterproof and remain electrical equipment; exposure to heavy rain, standing water, or high winds may cause damage or safety hazards. The Company alone is responsible for monitoring weather conditions and will determine if outdoor setup is safe or if the rental must be adjusted, delayed, moved indoors, or canceled for weather-related reasons. 
• (weather protection cont.) The Client must provide an accessible indoor backup location in case of inclement weather and agrees to cooperate with any weather-related decisions made by the Company. Under no circumstances should the Client or venue staff move, cover, or attempt to modify the letters; all weather-related handling will be performed solely by Company staff. Company reserves the right to refuse or discontinue outdoor setup if conditions are unsafe or pose a risk to the equipment or guests (see Sections 8 and 11 for additional terms).
• Electrical Safety: Client shall not overload electrical circuits or use cords other than those provided or approved by Company. All extension cords or power strips provided by Company should be used as instructed, and connectors should be kept dry and away from guest traffic to prevent trip hazards or short circuits. If any electrical issue arises (e.g., sparks, power loss, or unusual smell), Client must unplug the equipment and cease use immediately and promptly notify Company. Company may provide spare bulbs or parts for minor issues, but Client should never attempt any repairs beyond simple bulb replacement if instructed.
• Venue Rules: Client will ensure that the use of the Rental Items complies with any venue rules or regulations. Some venues may have restrictions on open flames (for letter lights, this usually isn’t an issue, but nearby décor might), power usage, load on floors, etc. It is the Client’s duty to confirm that the marquee letters can be placed where intended (for example, on historic floors or stages) without violating venue rules. If the venue requires padding or protection under heavy items, Client must inform Company in advance. Any fines or charges from the venue due to noncompliance with their rules will be the Client’s responsibility.

• No Unauthorized Reuse or Transfer: Client is renting the items solely for use at the specified event and location, on behalf of themselves or a disclosed third-party end client. Rental Items may not be re-rented, subleased, transferred, or used at any location other than the one stated in the order, unless approved in writing by Company. The Rental Items shall not be removed, relocated, or reused at another event or venue (before or after the contracted event) without Company’s explicit written consent. All handling and transport must be performed by Company unless otherwise agreed.

By following the above responsibilities, Client helps ensure a safe and successful event and avoids additional charges. Any breach of the above conditions may be considered a material breach of this Agreement and can result in immediate termination of the rental (e.g., Company may remove the items early or refuse to deliver) with no refund, and/or additional damage fees as applicable.

8. Damage, Loss, and Cleaning

8.1 Client’s Duty of Care: Client is responsible for the care of the Rental Items from the moment of delivery or pickup until they are returned to Company’s possession. Client agrees to exercise all reasonable care to prevent theft, loss, breakage, staining, or any other damage to the Rental Items. This duty of care extends to preventing damage by third parties or guests, and damage caused by the elements (rain, fire, wind, etc.).

8.2 Inspection at Delivery: Company will deliver the Rental Items in clean, working, and good condition. It is the Client’s responsibility to inspect the Rental Items upon delivery. By accepting the items, Client acknowledges that they are in good working order and undamaged. Any existing damage or issues should be noted in writing at that time. If Client discovers any problem with the equipment during the event, Client should notify Company immediately to allow a chance to remedy or advise, but such notice does not absolve Client from responsibility if the damage occurred under Client’s care.

8.3 Prohibition on Unauthorized Repair: Client shall not attempt to repair or have anyone else repair the Rental Items if damage or malfunction occurs. The only exception is replacing a light bulb or making a minor reconnection if a bulb or letter gets unplugged, but even those should be done with caution and preferably with guidance from Company. All other repairs must be done by Company or its designated technicians. Unauthorized tampering or repair attempts may result in additional charges or complete replacement cost if the item is further damaged.

8.4 Damage or Loss Assessment: In the event any Rental Item is lost, stolen, not returned, or returned in a damaged or excessively dirty condition (beyond normal wear and tear), Client will be financially responsible. Normal wear and tear includes minor scuffs or fingerprints that can be cleaned easily and the expected light bulb usage. 

Damage includes but is not limited to: broken or cracked parts, dents, deep scratches, missing or broken light bulbs or electrical components, water damage, mold/mildew from being left damp, burns or scorch marks, irreparable staining, or any other condition that renders the item not rentable or not in the same condition as provided. Loss includes the complete disappearance or theft of an item, or any item rendered irretrievable (for example, an item that fell off a stage and cannot be recovered).

8.5 Notification and Inspection: Company will conduct an inspection of the Rental Items upon pickup. Company shall notify Client within a reasonable time (generally within 3-5 days after the event) if any damage or loss is identified that will result in additional charges. Company will document the damage (photos or written description) and the estimated cost of repair or replacement. If Client is available at pickup, notable damages may be pointed out on the spot.

8.6 Charges for Damage or Loss: Client agrees to pay for all repairs or replacements required to return the Rental Items to their pre-rental condition (or for an item of equal quality/value if replacement is necessary). The cost charged will be either: (a) the actual cost of repair plus any shipping or labor costs incurred, or (b) if an item is not repairable or is lost, the full replacement value of that item. 

Company’s price list for replacement of a 7-foot marquee letter or number is typically in the range of $4,000 per character (this amount can vary; Company will provide proof of replacement cost if requested). Light bulbs or similar small parts will be charged at market price per piece if missing or broken. Cleaning fees for excessive dirt, mud, or stain removal will be assessed based on the labor and materials required (e.g., $100.00 per hour of cleaning needed beyond normal).

8.7 Payment for Damages: Client is responsible for any damage to, loss of, or excessive soiling of the Rental Items beyond normal wear and tear. Company will inspect all items following the event and notify Client of any issues within five (3-5) days. If damage or loss is identified, Company will issue an invoice for the associated costs. Client agrees to pay the invoiced amount within seven (7) days of notice. Any amounts not paid when due will accrue interest at a rate of 10% per month until paid in full. Client also agrees to pay all reasonable costs of collection, including attorneys’ fees and court costs, if legal action is required to recover payment.

8.8 Ownership of Replaced Items: If an item is damaged and replaced at Client’s cost, the damaged item will remain or become the property of Company (or the property of the insurer, if an insurance claim is made), and Client does not have any right to keep the damaged item upon payment of replacement. Similarly, if a lost item is paid for and later found, it remains the property of Company and any refund of replacement cost would be at Company’s discretion (for example, if the letter is recovered in usable condition, Company might refund part of what Client paid minus any costs incurred due to the loss).

9. Weather, Acts of God, and Force Majeure

9.1 No Weather Refunds: Company does not issue refunds or credits due to inclement weather. Client assumes all risks associated with holding an outdoor event. This includes the possibility that weather may make it impossible or inadvisable to use the Rental Items (e.g., heavy rain, thunderstorms, high winds, etc.). 

Client’s decision to plan an outdoor usage of the Rental Items is at Client’s own risk. As stated in Section 7, Client must have contingency plans for bad weather. If weather conditions deteriorate, Company will assess the situation and determine whether the setup must be adjusted, relocated, or canceled for safety. Client must not attempt to move or cover the equipment. Company strongly recommends that an alternate indoor location be available in case of inclement weather.

9.2 Company’s Rights in Unsafe Weather: If, at the time of delivery or setup, severe or unsafe weather conditions are occurring or imminent (such as active lightning storms, high winds over safe limits, heavy rain, tornado warnings, etc.), Company may refuse to set up the Rental Items outdoors for safety reasons. Company will, if possible, offer to set up in an indoor or protected location if available. If no suitable alternative is available, Company may decline to leave the equipment. Such a scenario will be treated as a weather-related cancellation. Because weather risk is borne by Client, no refund will be issued in this case. 

If weather improves sufficiently and schedule permits, Company might attempt to deliver later, but this cannot be guaranteed. Similarly, if dangerous weather arises during the event, Company reserves the right to come and take down or secure the equipment to prevent damage or injury (Company will coordinate with Client or venue if time permits). Any portion of the event lost due to weather does not entitle Client to a refund.

9.3 Force Majeure: Neither party shall be liable for failure to perform its obligations under this Agreement (except payment obligations) if performance is prevented or hindered by an extraordinary event beyond its reasonable control, which may include, but is not limited to, natural disasters (flood, earthquake, hurricane), war, acts of terrorism, riots, fire, government orders or regulations (including COVID-19 or other epidemic/pandemic-related restrictions), or other “Acts of God.” In the event of such a force majeure occurrence, the affected party shall give prompt notice to the other. 

If the force majeure event results in the cancellation of the event or makes it impossible for Company to provide the Rental Items, Client shall not be entitled to a refund of amounts paid (given the no-refund policy), but the parties will make a good faith effort to reschedule the rental to a new date that is mutually agreeable and available. If rescheduling is not possible, Company may, at its sole discretion, issue a credit to Client for a future rental use. This credit is a goodwill gesture and not an obligation. The provisions of this section do not override the no-refund policy but provide the sole remedy in such force majeure situations.

10. Limitation of Liability and Indemnification

10.1 Limitation of Company’s Liability: Client understands that events can involve inherent risks and that Company’s Rental Items (large illuminated letters and related décor) must be handled carefully. Company’s liability for any claim arising out of or related to this Agreement, the Rental Items, or Company’s performance (including delays or failure to deliver), shall in all cases be limited to the total amount paid by Client to Company under this Agreement. 

In no event will Company be liable for any indirect, special, incidental, or consequential damages (such as lost profits, lost opportunities, event delays or cancellations, inconvenience, emotional distress, etc.) even if Company has been advised of the possibility of such damages. Company is not responsible for any claims or damages arising from personal injury or property damage except to the extent directly caused by Company’s gross negligence or willful misconduct during delivery or setup. 

Once setup is complete and during the Rental Period, the safety and monitoring of the Rental Items are under Client’s control (see Client’s responsibilities in Section 7); therefore, Company shall not be liable for any injuries to persons or damage to property caused by the Rental Items during the Rental Period.

10.2 Indemnification: Client agrees to indemnify, defend, and hold harmless Company, its owners, employees, contractors, and agents, from and against any and all claims, demands, suits, penalties, liabilities, costs, losses, or expenses (including reasonable attorneys’ fees) asserted by any third-party (including Client’s guests, invitees, venue staff, or any other person) for injury, death, loss, or damage to any person or property, arising out of or related to: (a) the use, misuse, or failure of the Rental Items during the Rental Period, (b) any breach of this Agreement by Client, or (c) any negligence or wrongful conduct by Client or Client’s agents. 

This indemnification obligation extends to claims arising from Company’s negligence except that Client is not required to indemnify Company for Company’s sole gross negligence or willful misconduct. For example, if a letter falls and injures someone because it was moved improperly by a guest or because of wind at an outdoor event, Client will indemnify Company if Company is sued for that injury. This indemnity survives the termination or expiration of this Agreement.

10.3 Assumption of Risk: Client and Client’s guests assume all risks inherent in the activities associated with the Rental Items. This includes, but is not limited to, the risk of electrical shock if equipment is misused, risk of letters tipping if disturbed, and any risk arising from environmental factors (darkness, tripping over equipment, etc.). Client is responsible for warning and equipping their guests or staff as necessary to mitigate these risks (for instance, providing adequate lighting around dark areas so guests see the letters and cords, etc.).

10.4 No Warranties: Company provides the Rental Items as-is. To the fullest extent permitted by law, Company disclaims all warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. While Company strives to ensure the letters and lights function properly and are maintained, Company does not warrant that the equipment will operate without interruption or that it will meet the specific needs or expectations of the Client’s event beyond the general purpose for which such items are rented.

11. No Chargebacks or Payment Disputes

Client agrees that all charges made under this Agreement are final, non-refundable, and not subject to chargeback or payment reversal. By signing this Agreement, Client waives any right to initiate a chargeback or payment dispute for any amount paid to Company in accordance with this Agreement. This waiver is a material condition of Company’s acceptance of the booking.

In the event of a chargeback or dispute initiated in violation of this Agreement, Company reserves the right to recover all costs incurred, including dispute fees, bank fees, and reasonable legal or administrative expenses. This section may be provided to financial institutions as proof that the Client knowingly agreed to these terms.

12. Breach of Contract and Remedies

12.1 Material Breach by Client: The following events shall be considered a material breach of this Agreement by Client: (a) failure to pay any amount when due, (b) cancellation by Client in violation of Section 4, (c) attempting to obtain a refund or chargeback in violation of Sections 4 or 11, (d) failure to comply with any major responsibility in Section 7 (such as exposing equipment to rain or moving it causing damage), (e) failure to return the Rental Items or making them inaccessible as required, or (f) any other failure to perform or violation of Client’s obligations under this Agreement. 

In the event of a material breach by Client, Company may, at its option, terminate this Agreement immediately and retain any amounts already paid by Client as liquidated damages (not as a penalty, but as a reasonable pre-estimate of losses, since actual damages may be difficult to ascertain). Company may also pursue any additional damages or remedies available at law or equity. This includes the right to repossess the Rental Items immediately if they have been delivered (Client shall grant or procure access for Company to do so) and to seek compensation for any damage or loss suffered due to the breach.

12.2 Remedies for Breach; Costs of Enforcement: If Client’s breach causes damage to the Rental Items, lost business opportunities, or other losses beyond the retained payments, Client agrees to compensate Company for such losses. In addition, Client will be responsible for any attorneys’ fees, court costs, or collection agency fees incurred by Company in enforcing any provision of this Agreement or in recovering any amounts due. All rights and remedies given to Company in this Agreement are cumulative and not exclusive, meaning Company may pursue multiple remedies concurrently or separately to the extent permitted by law.

12.3 Breach by Company: If Company breaches any material term of this Agreement (and such breach is not excused by any other provision, such as a force majeure event or Client’s own breach), Client shall give Company written notice of such breach as soon as reasonably possible. Company shall have a short cure period (if cure is feasible) to attempt to remedy the breach. 

If Company fails to deliver the Rental Items or otherwise fails to perform its obligations without excuse, and such failure is a material breach, Client’s sole remedy is to receive a refund of any funds paid for undelivered items or services. Under no circumstances will Client be entitled to seek or recover damages beyond the amount paid to Company (as set forth in Section 10.1). Client agrees that this limitation is reasonable given the nature of the services and pricing of this Agreement.

13. Governing Law and Dispute Resolution

13.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles. Both Company and Client agree that any dispute arising from or related to this Agreement shall be subject to the laws of Tennessee.

13.2 Venue and Jurisdiction: The parties agree that the proper venue for any legal action or proceeding relating to this Agreement shall be the state courts located in Franklin County, Tennessee (or the federal courts for the Middle District of Tennessee, if federal jurisdiction is appropriate). Client expressly consents to the personal jurisdiction of such courts. Client agrees not to raise any objections to the venue or jurisdiction that might otherwise be available.

13.3 Dispute Resolution: In the event of any dispute or claim between the parties arising out of or relating to this Agreement or the breach thereof, the parties will first attempt in good faith to resolve the dispute informally. If an informal resolution cannot be reached, the parties may (but are not required to) attempt to mediate the dispute with a neutral third-party mediator in Tennessee before resorting to litigation. Each party will bear its own costs of mediation, and the parties will share the mediator’s fees equally. Nothing in this section shall prevent either party from seeking immediate injunctive or equitable relief in court if necessary to prevent irreparable harm.

13.4 Attorneys’ Fees: In any legal action or proceeding (including appeals) brought by either party arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs in addition to any other relief to which it may be entitled. For purposes of this section, “prevailing party” includes a party that secures an early dismissal of the case or a settlement substantially in its favor, as well as a party who wins at trial.

14. Miscellaneous Provisions

14.1 Entire Agreement: This Agreement, including any exhibits or attachments (such as the invoice or equipment list), constitutes the entire understanding between Company and Client with respect to the subject matter hereof, and supersedes all prior or contemporaneous negotiations, discussions, agreements, or understandings (whether written or oral) between the parties regarding the rental. No verbal or email statements by Company personnel or by Client that are not included in this written Agreement shall be considered legally binding. Client acknowledges that it is entering into this Agreement based only on the terms herein and not on any other promises or representations.

14.2 Amendments: Any amendment or modification to this Agreement must be in writing and signed by both parties (email consent by both parties, including explicit agreement to modified terms, may constitute a signed writing unless a more formal method is required by either party). This includes any changes to the Rental Items, Event Date, or significant terms; minor logistical changes (like delivery times) can be agreed via written communication but should be confirmed by Company.

14.3 Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from the Agreement and the remainder of the Agreement shall remain in full force and effect. In such case, the parties agree to negotiate in good faith a valid, legal, and enforceable provision that most closely reflects the original intent of the severed provision.

14.4 Waiver: No failure or delay by Company in exercising any right, power, or remedy under this Agreement shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude full enforcement of any other right, power, or remedy. A waiver of any provision or breach of this Agreement by Company must be in writing and signed by Company to be effective, and shall not constitute a waiver of any other provision or any future breach.

14.5 Assignment: Client may not assign or transfer its rights or obligations under this Agreement to any other party without the prior written consent of Company. Any attempt to assign without such consent is void. Company may assign its rights and obligations to a successor entity in the event of a sale or transfer of the business or assets related to this Agreement, provided that notice of any such assignment is given to Client.

14.6 Headings and Counterparts: The section headings in this Agreement are for convenience only and shall not affect the interpretation of any provision. This Agreement may be executed in counterparts (for example, signed by the parties on separate copies), which together shall constitute one and the same agreement. An electronic or digital signature, or a signed document transmitted by email or electronic signature service, shall be considered as valid as an original signature.

14.7 Authority: Each person signing this Agreement represents and warrants that they have the full authority to bind the party on whose behalf they are signing. If Client is an entity or organization, the individual signing for Client certifies that they have authority to enter into this Agreement on Client’s behalf.

14.8 Media Use & Photo Release: Client grants Company permission to photograph or film the Rental Items as set up at the event, including images that may incidentally contain the venue, guests, or event décor. Company may use such photos or videos for promotional purposes, including on its website, social media, advertisements, and marketing materials. Client understands that no compensation will be given for the use of these images and that all rights to such media will belong to Company. Client may request in writing (prior to the event) to opt out of public use if privacy is a concern.

15. Acknowledgment and Signature

By signing below, the parties agree to all the terms and conditions of this Rental Agreement. Client specifically acknowledges the NO REFUNDS and NO CHARGEBACKS policies stated in Sections 4 and 11, and understands their rights and responsibilities as outlined above. Client also acknowledges receipt of the Rental Items in good order (upon delivery/pickup) and agrees that any changes to this Agreement must be in writing.

Signatures

This contract may be signed electronically or in hard copy. If signed in hard copy, it must be returned to the Business for valid record. Electronic signatures count as original for all purposes.

By typing their names as signatures below, both parties agree to the terms and provisions of this agreement.

Business Signature

Owner name: _____________

Business date signed: _____________

Recipient signature

Recipient name: _____________

Recipient date signed: _____________