Altar & Aisle Terms & Conditions
ALTAR & AISLE DECOR RENTAL Terms & Conditions
Thank you for renting our décor and other rental assets (the “Décor”). By renting the Décor, you are agreeing to these Décor Rental Terms & Conditions (the “Terms”).
For clarity, all references to “us” (and similar words such as “we” and “our”) mean The Vow Exchange, LLC (regardless if they are capitalized), and all references to “you” mean the individual renting the Décor (regardless if the word is capitalized).
Rentals
General
Subject to these Terms, we grant you, your vendors, and your guests, the limited right to access and use the Décor during the times you selected when making your rental (the “Rental Period”). We shall remain the owner of the Décor at all times.
Changes
You may not make changes to your rental without our written consent. If you request a change to your rental more than 14 days prior to the start of your Rental Period, then we will attempt to reschedule your rental, but we are not required to do so. If your rental is rescheduled pursuant to this paragraph, then we will apply all of your prior payments to the rescheduled rental.
Delivery & Setup
All rentals include delivery, setup, teardown, and pickup. After booking your rental, we will coordinate the exact time windows with you (usually via email), however we shall not be required to perform any services in this paragraph at times outside of our normal operating hours. You must ensure that we have access and permission to enter the venue where the Décor will be used and to set up the same, as well as access and permission to enter the venue at a later time to tear down and pick up the Décor, at the times agreed to between you and us. Additionally, you must ensure that there are no other fixtures, furniture, or other equipment in the venue which will restrict our ability to setup or teardown the Décor. We shall not be liable for any failure to perform any services required of us in these Terms due to your or any third party’s breach of this paragraph.
Modifications to the Décor
Except as otherwise permitted by us in writing, you may not (a) remove the Décor from the venue or move any Décor within the venue; or (b) do anything to change the shape, character, quality, or other characteristics, of the Décor. You may not allow any person to use or operate the Décor who is not qualified or who has not received and understands the safety and operating instructions for the same. You must comply with all applicable laws and venue rules which apply to the use of the Décor.
Payment
Rental Fees
By renting the Décor, you are agreeing to pay us all rental fees and other expenses described during the reservation process (the “Rental Fees”).
Deposits & Payment Schedules
If your rental is for one day or less, then you must pay us: (a) a deposit of $200 at the time of the rental; and (b) the remainder of your Rental Fees no later than 14 days prior to the start of your Rental Period.
If your rental is for more than one day, then you must pay us: (a) a deposit of $400 at the time of the rental; and (b) the remainder of your Rental Fees no later than 14 days prior to the start of your Rental Period.
Rush Rentals
If you book a rental within 14 days of the start of your Rental Period, then we may require you to pay the full Rental Fee at the time of the booking.
Additional Payment Terms
In all cases, the deposits will be applied to your total Rental Fees and are non-refundable and non-transferable except as otherwise provided in these Terms or by us in writing. If you fail to make any payment to us when due, then we may cancel your rental without any liability to you. You shall promptly pay all sales, use, excise, and any other taxes and license fees which are required to be paid by you in connection with your rental to all governmental and licensing authorities and, at our request, provide evidence of such payment to us.
Cancellation
General
You may not cancel your rental except as provided in these Terms.
When Permitted
You may cancel your rental any time prior to 14 days before the start of your Rental Period by providing written notice to us. The effective date of that notice will be determined by the Notice provisions in these Terms.
Additionally, we may cancel your rental at any time by providing written or oral notice to you if: (a) you breach any of your obligations in these Terms; or (b) you, your guests, or your vendors, violate any rules applicable the Décor.
Payments Owed Upon Cancellation
If your rental is terminated as provided in these Terms, then we may retain all deposits you paid prior to the effective date of the cancellation. Additionally, if as of the effective date of the cancellation you owe us any deposits, then you shall promptly pay all such deposits to us.
If you cancel your rental with less than 15 days’ notice to us, then you shall promptly pay us (or if already paid, we may retain) all Rental Fees associated with your rental.
Effect of Cancellation
Upon cancellation of your rental, we may immediately make the Décor rented by you available to other clients during the times originally booked by you.
Force Majeure
Notwithstanding anything contrary in these Terms, neither you nor us will be liable to the other for any delay or non-performance of its obligations in these Terms provided (a) the delay or non-performance is caused by a Force Majeure Event that is beyond the reasonable control of such party that makes it inadvisable, illegal, or impossible to perform; and (b) the delayed or non-performing party provides prompt written notice to the other party of the delay or non-performance. “Force Majeure Event” means an unforeseen emergency including without limitation, acts of God, war, unforeseen government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, and any government, health, or other advisory that travel or events not be undertaken.
SAFETY & DAMAGE/LOSS
While the Décor is in your possession or control (which means at all times after we set up the Décor until the time we teardown the Décor), you shall (a) take all necessary precautions to protect the Décor and to protect all persons and property from injury and damage from the Décor; and (b) be responsible for all losses or theft of the Décor and all damage to the Décor beyond ordinary wear and tear. If during such time period any of the Décor is lost, stolen, or damaged beyond ordinary wear and tear, then you shall pay all cleaning fees, repair fees, and/or replacement fees, to restore (or replace) the Décor to the condition it was in when set up by us.
ASSUMPTION OF RISK & INDEMNIFICATION
You acknowledge that there is risk of injury and damage arising out of the use of the Décor and you voluntarily assumes all of the same. You hereby release and discharge us and all of our representatives from all responsibility and liability from such injury or damage, except to the extent such injury or damage arises through our or our representatives’ sole negligence or intentional misconduct.
With respect to any suit, claim, investigation, or proceeding, arising out of these Terms, you shall indemnify us and our affiliates and our and their respective owners, directors, officers, managers, employees, and contractors (the “Protected Parties”) against all Losses arising out of your breach of or misrepresentation in these Terms or any negligent or intentional act or omission by you or any of your vendors or guests, except to the extent that a Protected Party negligently or intentionally caused those Losses. “Losses” means all reasonable expenses including attorneys’ fees and costs, plus all damages of every kind.
LIMITATION OF LIABILITY
Except as otherwise expressly provided in these Terms, we hereby specifically disclaim all warranties, implied or express, including without limitation the implied warranties of merchantability and fitness for a particular purpose. We shall not be liable for any action or omission of you, your guests, your vendors, or any third party. We shall not be liable for any loss of profits, sales, or revenues, loss of use, interruption of business, or damages, arising out of our services under these Terms. We shall not be liable to you under these Terms for consequential, special, exemplary, punitive, indirect, or incidental damages. Our liability under these Terms shall not exceed the amount paid by you to us under these Terms in the 12-month period immediately prior to the date your claim arose.
Miscellaneous
Additional Parties
If you are making your rental on behalf of another person (or for a business entity), then “you” means both you and that other person (or business entity). We may request that other person (or business entity) agree to these terms as well.
Joint & Several Liability
If “you” includes more than one individual/entity, then each individual/entity shall be liable for all of your obligations in these Terms and the liability of each individual/entity shall be joint and several.
Entire Agreement
These Terms contain the complete and entire agreement between the parties relating to the subject matter in these Terms and supersede all prior discussions and agreements (whether oral or written) by the parties relating to the subject matter in these Terms.
Amendment & Waiver
No amendment to these Terms shall be deemed valid unless it is in writing and signed physically or digitally by all of the parties. The failure or delay by a party to exercise any right or remedy in these Terms shall not operate as a waiver of the same. The waiver by a party of a breach of any provision in these Terms shall not operate as a waiver of any subsequent breach. A waiver shall not be effective unless and until it is in written form and signed by the waiving party.
Severability
Each provision in these Terms shall be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision in these Terms unenforceable, then the provision should be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision should be deemed removed from these Terms, but the remaining provisions shall remain in full force.
Assignment
These Terms and the rights and obligations in these Terms may not be assigned by either party without the prior written consent of the other party, expect that we may assign our obligations in these Terms in their entirety in connection to an acquisition, merger, or other change of control. For clarity, you may not market or sell your rights under these Terms to any third party without our prior and express written consent.
Notices
Unless otherwise provided in these Terms, all notices and demands contemplated in these Terms or applicable law shall be in writing (with all delivery expenses prepaid) and addressed to the proper address in this section (or to the recipient’s most current address that has been delivered to the other parties in accordance with this section). All properly sent notices and demands shall be deemed delivered as follows: (a) if delivery is by hand, then at the time of the actual hand delivery; (b) if delivery is by email, then at the time the intended recipient provides non-automated, express or implied, confirmation of receipt (either in a physical writing or by email); or (c) if by overnight delivery using a nationally recognized overnight courier, then one business day after having been given to the courier. Notices sent to you must be sent to the name and address/email you used when booking your rental. Notices sent to us must be sent to: The Vow Exchange, 4721 Wyoming, Kansas City, MO 64112 or to kathryn@thevowexchange.com.
Governing Law & Waiver of Jury Trial
These Terms shall be governed by and construed in accordance with the laws of Missouri excluding its conflict of law principles. For any dispute arising out of or related to these Terms, each party consents to jurisdiction in, and the exclusive venue of, the state courts in Jackson County, Missouri, or when applicable in the U.S. District Court having jurisdiction over that county. Each party waives trial by jury in all actions, proceedings, and counterclaims, brought by either party against the other on any matter that arises out of or is related to these Terms.
Collection Fees
If you breach any of your payment obligations in these Terms and we incur expenses in collecting the same (including all costs and expenses and reasonable attorneys’ fees), then you shall reimburse us for all of those expenses.
This Agreement may be signed using electronic signatures, which shall be deemed valid and effective for all purposes with the same force and effect as if such electronic signature were ink-signed.