Terms, Conditions + Policies
GENERAL
“The Rental Company” is These Magic Moments Event Planning. “The Client” is the person who books the Equipment or utilizes Company services. “The Equipment” means the entirety of material goods provided by the Rental Company for the use of the Client.
These Terms and Conditions apply to all agreements entered between the Rental Company and the Client, unless expressly excluded in writing by the Rental Company. Clients that pay their deposit or the total cost of their party are expressly agreeing to and are stating that they have read these Rental Agreement terms.
INDEMNITY/HOLD HARMLESS.
Client will take all necessary precautions regarding the items rented and protect all persons and property from injury or damage. Client agrees to hold Sleepover Haven harmless from and against any and all liability, claims, judgments, attorneys' fees and costs of every kind and nature, including, but not limited to, injuries or death to persons and damage of property, arising out of the use, maintenance– installation, operation, possession, ownership, or rental of the items rented, despite cause.
ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY.
Client is fully aware of and acknowledges that there is a risk of injury, death, or damage arising out of the use or operation of the items contained in the Rental Agreement and hereby elects to voluntarily enter into this Agreement and assume all the aforementioned risks. Client agrees to release and discharge These Magic Moments Event Planning from all responsibility or liability from such injury, death, or damage arising out of the use or operation of the rental items. Client further agrees to waive, release and discharge any and all claims for injury, death, or damage against These Magic Moments Event Planning, which client otherwise may be entitled to assert.
DISCLAIMER.
These Magic Moments Event Planning makes no representation about the suitability of the equipment for any purpose. It is provided “as is” and without any warranty.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
BINDING ARBITRATION.
The laws of the State of Texas shall govern this Contract. The parties specifically and irrevocably agree, to submit any controversy or claim arising out of or relating to this Contract, or the breach thereof, to resolution by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (A.A.A.). A court having subject matter jurisdiction therein shall enter a judgment upon any award rendered by the arbitrators and all parties expressly waive any challenge to the use of arbitration in accordance with this Paragraph. The parties hereto agree that jurisdiction and venue for the hearing of the arbitration and the entry of judgment upon said arbitration award shall be in Harris County, Texas. The arbitrators are directed to award the expenses of the arbitration, including required travel and other expenses of the arbitrators and any costs of the arbitrators' representatives, the costs and charges of the American Arbitration Association, all reasonable attorney's fees and costs, to the prevailing party in the arbitration.
PRIVACY.
The Company will never pass on, sell or distribute Client information to any third party.
MISCELLANEOUS.
The Rental Agreement may be executed or delivered by email, or other electronic means such as fax. The Rental Agreement is valid whether properly signed by the Customer or not, so long as the Customer takes possession of the rental items. It is also valid if signed by another party signing on behalf of the Customer, in which case the signing party will sign their own name, and then print C/O (Care Of) “Ordering Party.”
POSSESSION/ TITLE.
These Magic Moments Event Planning agrees to reserve all items required for the specified party, confirmed in the Booking email, on behalf of the Client only after A NON-REFUNDABLE deposit equal to 50% of the total cost specified (or a lesser amount determined at the sole discretion of Magical Memories Event Planning) is received by the client. The remaining balance of the party cost must be paid 14 days prior to delivery, unless otherwise specified by These Magic Moments Event Planning. If this obligation is not met, Magical Memories Event Planning reserves the right to either cancel the party rental without refunding the initial 50% deposit, or offer rescheduling based on available dates.
Client's right to possession of the rental items: Is for one overnight period (or multiple nights if agreed upon in the rental agreement). In the absence of the renter, the equipment may be signed for by an individual designated by the renter. This individual is automatically given the legal right by the renter to accept liability for the equipment on the renter's behalf. The rental agreement terminates once These Magic Moments Event Planning has regained possession of the rental equipment. Title of the rental items shall, at all times, remain with These Magic Moments Event Planning, with the exception of items that are specifically given to the client, such as eye masks. Client authorizes These Magic Moments Event Planning to retake possession of the rental items without notice or legal process at any time, despite whether the equipment is on private property.
CANCELLATIONS.
All clients will provide a 50% deposit in order for These Magic Moments Event Planning to reserve their party and dates. (Deposit will be applied to the total balance of the party). Customers who cancel their booking prior to 14 days before the event can do so with a credit of their deposit held with These Magic Moments Event Planning
SET UP, DELIVERY + UNSAFE CONDITIONS.
These Magic Moments Event Planning reserves the right to refuse to install or deliver rental equipment due to unsafe conditions or weather. If this occurs, Customer will be liable for a minimum of 50% of the total cost specified in the Rental Agreement. In the absence of unsafe weather or other conditions, These Magic Moments Event Planning will use all appropriate means and methods to secure the rental equipment for the safety of the Customer and the equipment. These Magic Moments Event Planning is not responsible for underground utilities, or property/land damage. If permission is granted by the Client to stake anything into the ground at their desired location, then it is the sole responsibility of the Client to check for underground utilities and water mains.
SET UP + DELIVERY CHARGES.
If your address is outside of our FREE 30-mile radius – Your delivery/set-up fee will be $35.
Delivery Time - Our delivery and pick up time will be agreed upon in our booking. During either delivery or pick up we will grant a 15-minute waiting period, after which the client will be charged $10 per 15 minutes additional.
DAMAGE WAIVER.
Client agrees to be charged the full cost of any item that is damaged beyond repair, lost or stolen (other than ordinary wear and tear resulting from reasonable and proper use). Damaged items that can be repaired must be returned in their broken state to be eligible for lesser repair cost.
Replacement costs include: Teepee $70, Mattress $20, Decorative Pillow $25, Faux Fur Rug $35, Bed Tray $20, all in one Bedding $65, Throw blanket $15, Lights $10, Lantern $10
Repair/deep cleaning costs are equal to half of the replacement cost.
MEASURING EVENT AREA.
Planning and measuring is ultimately the responsibility of the Client. If poor planning leads to improperly measured areas for placement of Teepees resulting in our inability to complete a job, then no refunds will be given. However, every effort will be made to ensure everything goes as planned.
In addition to being stated on our FAQ page, the Measurements needed are as follows:
Teepee Tent setups: A space approximately 3' x 6' is needed PER teepee setup.