Rental Terms and Customer Agreement

 

Payment terms

The order balance must be paid in full at least 4 days before the scheduled pick-up or delivery date. Payments can be made online or over the phone with a debit or credit card. If the order is not paid-in-full 4 days before the scheduled pick-up or delivery date, your order will be considered cancelled, and the cancellation terms will apply. 

 

Down Payment

The initial down payment is 30% of the order total. The down payment is made to secure and reserve your order. The down payment is non-refundable. 

 

Cancellations

If you decide to cancel your order 5 days or more before the scheduled pick-up or delivery date, we’ll refund any additional payments made beyond the initial down payment. The down payment is non-refundable. 

 

However, if you cancel your order or the order is considered cancelled within 4 days of the order pick-up or delivery date, all payments made toward the remaining balance after the initial down payment will be non-refundable.

 

Credit Card Authorization

By providing your credit card information, you authorize us to charge the card for the following purposes:

  1. Damage Fees: In the unfortunate event of any damage to our equipment during your rental period, we will assess appropriate fees. These fees will be charged to the credit card on file.

  2. Additional Services or Fees: If you request any additional services (such as extended rental time, last-minute changes, or extra items), we will discuss the associated fees with you and obtain your approval before charging the card.

  3. Late Returns: If equipment is not returned by the agreed-upon date and time, we reserve the right to charge additional rental period charges and fees.

Customer Pick-up & Returns

If the customer selects the Customer Pick-up – Free option for the order. The customer must Pick-up the equipment at the address designated by the business. The customer selecting the Customer Pick-up – Free option for the order is responsible for returning the equipment designated on the order return date.

  • Customer Pick-up

    • The customer may pick up the equipment at the address designated by the business during normal business hours.

    • The customer must notify the business when they arrive to pick up the equipment. Notification of customer arrival may be made by phone or email.

    • The business requests the customer to give at least two-hour notice of pick-up before customer arrival. This will help ensure the equipment is ready for the customer to pick up items at time of arrival.

    • By accepting the equipment for pick-up, the customer accepts the equipment as in good and working condition.

  • Customer Returns

    • The customer is responsible for returning all the items as designated on the order return date.

    • The customer must return the items in the same condition as found and accepted during pick-up.

      • Any item or items not returned in the same condition due to damages, missing parts, and/or missing packaging will result in additional charges.

      • Damages will be assessed by the business and charged accordingly

      • Damages, missing parts, and/or missing packaging, can and may include charges for full replacement value of the item or items

Late Customer Returns

Please ensure that rented items are returned promptly on the order return date. Late returns will incur additional charges. Additional charges may include additional rental period charges and late fees. If the item or items are not returned and retaking of the equipment item or items failed after 5 days of the order return date, the customer is obligated to pay the full replacement value of the item or items.

 

Retaking of Equipment

If the renter fails to return the equipment, the business reserves the right to retrieve it from the renter’s premises. The renter shall cooperate in facilitating the collection process.

Delivery & Pick-up

If the customer selects to have the equipment delivered and picked up by our team, the business will coordinate with the customer for delivery details including arrival time and other special instructions. The pick-up date and time will also be coordinated with the customer before the delivery date.

  • Delivery day

    • The customer will be responsible for ensuring the delivery address and site is ready and able to receive our delivery vehicle or vehicles on the scheduled delivery date.

    • Any delays or obstacles impeding a successful delivery may result in additional charges

  • Pick-up day

    • The customer is responsible for ensuring our pick-up team has access to our equipment and reasonable time allotted for teardown and loading for pick-up. 

    • Any delays or obstacles impeding a successful pick-up may result in additional charges

  • Weather Delays, safety concerns, force majeure for delivery and/or pick-up

    • In the event of any weather delays, safety concerns, and/or force majeure impacting a successful delivery and/or pick-up, the business reserves the right to reschedule, delay, or terminate services and delivery and/or pick-up.

Damage Waiver

The damage waiver is charged for the order, The customer agrees to the damage waiver charge as specified, subject to the limitations and exclusions in this agreement, Peak Performance Equipment agrees to modify the terms of this contract and relieve you of liability for accidental damage to the rented item or items. The damage waiver covers reasonable, accidental damage to the equipment incurred with normal use. The damage waiver is non-optional and non-refundable.

Customer Ethics

At Peak Performance Equipment, we believe in fostering positive relationships with our customer while ensuring the well-being of our team members and the smooth operation of our business. To achieve this, we’ve established the following guidelines:

  • Respectful Behavior:

    • We treat all customers with respect, kindness, and professionalism. We expect the same in return.

    • Threatening, abusive, or harmful behavior toward our staff, other customer, or fellow event attendees is strictly prohibited.

  • Conflict of Interest:

    • If a situation arises where there is a perceived or actual conflict of interest between a customer and our company, we will address it transparently.

    • Examples of conflicts of interest include:

      • A customer attempting to influence our decision-making processes unfairly.

      • A customer competing with our business directly or indirectly.

      • A customer seeking preferential treatment due to personal relationships.

  • Right to Cancel Service:

    • We reserve the right to cancel service if:

      • A customer engages in threatening behavior, harassment, or violence.

      • There is a significant risk to the safety or well-being of our team members and company equipment.

      • A conflict of interest jeopardizes our ability to provide fair and unbiased service.

  • Communication and Resolution:

    • If we encounter any ethical concerns, we will communicate openly with the customer.

    • Whenever possible, we seek resolution through dialogue and understanding.

    • However, if a situation persists or escalates, we may choose to terminate the service.

Photo Usage

The purpose of this policy is to outline the terms and conditions related to the usage of photographs taken for services provided by Peak Performance Equipment. By adhering to this policy, we aim to maintain transparency, protect our brand, and respect the rights of both our customer and our business.

 

  • Photography Usage Rights Agreement

    • When a customer hires our services, we consider the following points regarding photography usage:

    • Company Ownership: The company retains all rights to the photographs taken during the event.

    • Customer Usage Rights: Customer are granted specific usage rights as outlined in our Photography Usage Rights Agreement.

    • Payment: Customer may pay for the photographer’s work, which includes the right to use the photos within the agreed-upon terms.

 

  • Photography Usage Rights Agreement Details

    • Our Photography Usage Rights Agreement includes the following key elements:

  • Type of Image Use:

    • We specify the types of use permitted under the agreement. This can include:

      • Editorial use (e.g., for blog posts, news articles).

      • Commercial use (e.g., marketing materials, advertisements).

      • Retail use (e.g., product catalogs).

    • We also define where the images can be used (print, online, advertising) and any geographic restrictions.

Reporting Damages and Equipment Care

As a valued customer of Peak Performance Equipment, you are responsible for promptly reporting any issues related to rented items. If you encounter any of the following situations, please notify us immediately:

  • Damage to equipment.

  • Non-operational or malfunctioning items.

  • Missing components.

  • Reporting Timeline

    • You agree to report any issues within one hour of discovering them. Timely communication allows us to address the problem efficiently.

    • If you notice any discrepancies during your event setup or while using the equipment, don’t hesitate to reach out.

    • We can be reached by phone during normal business hours or by email for our support team

  • Our Commitment

    • Upon receiving your report, we will take the following steps:

      • Assess the situation promptly.

      • Make the items operable within a reasonable time (if feasible).

      • Provide a replacement item (if available).

      • Adjust rental charges accordingly (if necessary).

  • Exceptions

    • Our commitment to safety and quality remains our top priority. However, this policy does not relieve you from your contractual obligations.

    • If an issue arises due to misuse, negligence, or violation of our terms, standard rental charges and appropriate fees will apply.

Marking of underground utilities

Some tents require staking in the ground for anchoring the tents in position. The customer is responsible for having the tent staking area marked for underground utilities. The area for the tent set-up must be marked for underground utilities before the scheduled delivery date.

  • Requesting underground utilities to be marked

    • The customer is responsible for getting the underground utilities marked

    • The customer can request the underground utilities to be marked by contacting Texas811

      • Texas811.org

      • Call 811

    • Please note, it can take up to two business days after making a request to Texas811 for them to mark the area.

    • Peak Performance Equipment does not assume any responsibility for the marking of underground utilities.

 

Assumption of Risk, Release of Liability, and Indemnification

The customer acknowledges that renting and using equipment from Peak Performance Equipment involves inherent risks associated with event setup, operation, and usage. These risks include, but are not limited to:

  • Tents: Risks related to setup, stability, and weather conditions.

  • Tables and Chairs: Risks of tripping, falling, or injury during setup, use, or disassembly.

  • Concession Equipment: Risks related to electrical components, hot surfaces, and proper operation.

By participating in the customer order and accepting these terms and conditions, the customer acknowledges that these risks may vary based on the specific equipment rented and the event context.

  • Voluntary Participation:

    • The customer acknowledges participation in the rental and use of equipment is voluntary and the customer acknowledges that they are fully aware of the associated risks.

    • The customer assumes all responsibility for their own safety, the safety of others, and any potential damage to the equipment.

  • Release of Liability:

    • The customer releases Peak Performance Equipment, its owners, employees, and agents from any liability for injuries, damages, or losses arising from the rental, setup, use, or disassembly of the equipment.

    • This release includes claims related to negligence, product defects, or any other cause.

  • Indemnification:

    • The customer agrees to indemnify and hold harmless Peak Performance Equipment from any claims, demands, or legal actions arising out of the customer use of the rented equipment.

    • The customer will cover any legal fees, damages, or costs incurred by Peak Performance Equipment due to customer actions or negligence.

  • Inspection and Reporting:

    • The customer will inspect the equipment upon receipt, pick-up, or delivery and report any damage, defects, or missing items promptly.

    • The customer understands that using damaged or malfunctioning equipment increases the risk of injury.

  • Compliance with Instructions:

    • The customer will follow all setup, usage, and safety instructions provided by Peak Performance Equipment.

    • The customer will not modify or alter the equipment without prior approval.

  • Return of Equipment:

    • The customer agrees to return the equipment in the same condition as received, clean and undamaged.

    • Late returns may incur additional fees.

Tent and Canopy Rules and Restrictions

The rules and regulations outlined in this section are not exhaustive. Additional rules and policies may apply and will be communicated as necessary. It is the responsibility of the customer and parties involved to stay informed of any updates or changes.

  1. Customer may not alter, modify, adjust, and/or add-on to the canopy or tent(s). This includes the grounds stakes and/or concrete blocks, ratchet straps, lighting, or any other tent element or equipment provided by the business.

  2. There will be No open flames and/or cooking of any kind allowed under or in close proximity of the tents and/or canopies

  3. The customer(s) may NOT dismantle the tents and/or canopies at any time or for any reason.  

  4. Do Not use the tents and/or canopies as a shelter for any severe weather conditions.

  5. Customer is responsible to ensure all guest are aware of exits for tents and/or canopies.

  6. Customer is to adhere to the maximum occupancy limits specified for each tent and/or canopies to ensure safety

  7. Customer is responsible to report any and all safety, structural, or equipment concerns to support@pperental.com

  8. No children should be left unattended in or around the tents, canopies, and/or any equipment provided by the business.

  9. The customer is responsible to ensure proper ventilation inside the tents and/or canopies. Avoid using gas-powered equipment inside the tents and/or canopies to prevent carbon monoxide buildup.

  10. If you have any questions, concerns or comments please contact us at support@pperental.com or 281-241-9058.